VIC Does clerical error (wrong name) invalidate infringement?

[van0014]

Recently, an infringement notice was mailed to me. It had a similar name to mine, and the same date of birth. I had the letter sent back, only to eventually receive a final notice.
Would the clerical error, involving both first and last names, invalidate the infringement notice?

 

[Rob Legat - SBPL]

How grievous is the error? Is it a letter or two, or is it in the category of Smith when it should be Brown?

 

[van0014]

Regarding the last name, the error is trivial; "IJ" was mistaken for "U".
It seems informal how the fine was issued using a nickname, though it is not of my name.
My name has 6 letters. The mistaken name has 4. The first 2 letters are the same, as is the last letter, though the names are quite different.
That's about all I can describe without providing both names. Could I provide any personal or mistaken information?

 

[Rod]

Scenario:1 You do nothing, not your fine. Eventually goes to court, court says, not you you don't have to pay. If still within time, then other party re-issues ticket in correct name.

Scenario 2. You do nothing, not your fine. Eventually goes to court, court says, simple administrative error you have to pay, with costs.

Scenario 3. Pay fine, matter goes away.

 

[van0014]

The law makes us guilty unless we strive to prove our innocence. It tends to care not about individual circumstances; So now I am encouraged to pay about $300 for having a pension card expire, due to governmental changes. My psychological condition has not altered, giving no foundation for an expired pension card. Nevertheless, I prefer not to risk court, where money means more than principles.

 

[Clancy]

I would write to the issuing authority and inform them that i am not the person named on the infringement. I would not volunteer any further information other than that, don't even mention your real name at all. Its not your job to be a secretary for them.
They will obviously write back and ask questions at which point you would seek legal advice on exactly what the law compels you to answer, beyond that, tell them nothing.

 

[van0014]

I've sent an email yesterday, but may pay it tomorrow if there is no reply. I had left it too late and it's a final notice. It's also unlikely the email will reach a human, because it was sent anonymously. And replies come from a separate service. But worth a try.

Thankyou all for your help. This situation is a gray area to me. It seems the law has no black and white way of addressing the issue, hence the need for discussion.

 

[Tim W]

Contrary to what you see on American TV,
it's well settled law that where it otherwise reasonably obvious
for whom it is intended, a mere typo does not invalidate an infringement.