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QLD Car Hire Company - Fine not Sent

Discussion in 'Traffic Law Forum' started by M.E, 15 October 2014.

  1. M.E

    M.E Member

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    My daughter, living in another country, was shocked to find $793.90 and $55.00 deducted on the 15 Sept 2014 from her Visa. This was done by the Car Hire Company, Enforcement Order due date 19 Sept. She was able to get the amount back from Visa, as she had told Visa that it was an unlawful deduction.

    The first ever known knowledge of this speeding (under 13km/h over speed limit) infringement/ Enforcement Order and letter from the Car Hire Company, to my daughter or her parents living at the address known by the Car Hire Company, was a mail stamped date 16 Sept, sent to parents address and received on the 19 Sept.
    There was no correspondence prior to the letter sent on 16 Sept, either from the Car Hire Company, The Traffic Camera Office or SPER. No Infringement notice, no courtesy letter, no Enforcement Order, no Fine collection notice (to the Visa Bank).

    The infringement took place on 21 April, my daughter was totally unaware of it , and hasn't seen any proof. She also says that she has a right to an Internal review, with a possibility of the fine being withdrawn, as she has had no fines in the last 3 years.

    The Car Hire Company, will not reply to any emails, and we believe they have acted fraudulently, and have not passed on any correspondence, so that the matter could have been dealt with in the normal time frame.
    SPER has all the above info, but say they have no authority to waive, withdraw, or negate the costs. Apparently my daughter is still liable to pay.

    As my daughter is living overseas, and I don't know when she will be returning, it makes it difficult to know what to do, and how she stands legally under Traffic Law.

    She's not here, and she can't afford a lawyer. What can she do?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi M.E,

    Have you requested a copy of the original fine issued by the police/road authority?

    I am not sure if this is the correct department, but if not, they should be able to refer you to the correct department: Office of Fair Trading Queensland. I would suggest giving them a call and enquiring about your daughter's rights. I suspect it is within your right to request a copy of the original fine. However, was there a written agreement between your daughter and the hire company at the time of renting. This would be a good place to start looking as it will most certainly talk about fines and what the company is able to do in such situations. If the hire company is not responding to you or your daughter's requests and being evasive, you can lodge a complaint against them with the relevant authority (possibly Fair Trading).

    Best of luck.
     
  3. M.E

    M.E Member

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    Thankyou Sarah, that was quick. No, no requests were made, so I will do that. Also my daughter did sign an agreement with the Car Hire Company, that any fines or damages etc, are payable from her, but the problem is that there was no correspondence sent and the same is now.
     
  4. Sarah J

    Sarah J Well-Known Member

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    In that case, definitely request to see the original copy of the fine. From this, you can work out what time and where the speeding fine relates to. You and your daughter can work out whether your daughter was driving the car at that time and take the fine up with the authority accordingly.
     
  5. Sarah J

    Sarah J Well-Known Member

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    As for the interest on the fine, take this up with the Department of Fair Trading. There should have been some attempts to contact you or notice requirement. However, take a look at your agreement as well regarding interest and penalties for amounts outstanding from fines and damage.
     

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