2.5 years total, 12m unresolved enforcement review

Chieftain
Posts: 1
Joined: Mon Oct 05, 2020 12:49 pm

2.5 years total, 12m unresolved enforcement review

Postby Chieftain » Mon Oct 05, 2020 1:41 pm

Hi,

What a great resource! I hope someone may have experience with this.

In early 2018, I had two fines on the same day travelling up the Hume about 2 hours apart. Same road, same alleged speed (only 4km/h over in 110 zone). I wrote in for leniency on good record and one was withdrawn but other proceeded.

I then wrote in arguing that the two TINs should be considered the same infringement. Same day, same vehicle, same driver same alleged speed. Therefore to let me off one for good record should apply to both. Other factors included vehicle was hire car and infringement was barely an infringement at all. Sent registered post.

I heard nothing for 6 months then received reminder notice and extra fine. :shock:

Wrote to Police again, stating I had been waiting on them for 6 m etc. 4 weeks later, they replied saying matter sent to Dept Justice & Comm Safety & "response will be sent in due course".

12w later, Notice of Final Demand! Plus $158 extra fine. :shock: :?

Phoned this time and was told to apply for Enforcement review. Did so, including that the matter had dragged on for 18m at this point with 6 letters, several phone calls and disproportionate waste of resources and stress all round on such a minor matter. That was 12 months ago now and I am yet to have an acknowledgement of my application. I sent via registered post. The TIN is marked as On Hold on Fines VIC site so I guess they received it. I note that the extra amounts for Reminder & Final Demand are still included.

There is an argument for letting sleeping dogs lie, but previous delays have always resulted in more fines even though the delays were with them. I am concerned that a Bailiff will turn up some day. Can I do anything further to resolve or put before a magistrate?

What prompted this post is that another Camera Fine turned up yesterday from last month (think wife driving) for alleged 4km/h over again. So second question is whether I can be considered a clean skin with first matter still unresolved?

And finally, if wife and I can't resolve who was driving on recent fine, can we flip a coin or is the default with the registered owner.

Thanks for a great site and any advice.

Hardy
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Location: Melbourne Victoria
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Re: 2.5 years total, 12m unresolved enforcement review

Postby Hardy » Mon Oct 05, 2020 2:28 pm

The law says you get one application for internal review.
You did that and got a response. At that point you could have paid the fine. You applied for a second review which was always going to go nowhere because it you can't apply twice.
Applications for enforcement review always fail unless you can prove you meet the special circumstances criteria, which if you do then you shouldn't even be driving.

The correct process was to ask for internal review seeking a withdrawal of both and stating why a withdrawal of both could be achieved within police guidelines.


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