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QLD eToll Evasion Fine - Can I Dispute It?

Discussion in 'Traffic Law Forum' started by ryno, 10 December 2014.

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  1. ryno

    ryno Member

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    Hi, I recently received a toll evasion fine for tolls that I hadn't paid because my etoll tag was out of credit. I didn't recieve notifications because I recently moved house and hadn't changed my mailing address. I hadn't paid 4 tolls totaling $20 but the fine is $2500. I don't believe this is fair and want to dispute it. Does anyone have any suggestions under Traffic Law?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Ryno,

    Given that it was your responsibility to inform the department of your change in mailing address, and you failed to do this, I don't believe you have grounds to dispute the fines issued and not received. The fact that the toll fine has increased to $250 is due to interest on unpaid fines. Further, is there a way online to check when your eToll credit is running low? If you knew, or ought to have known by checking online or paying your eToll pass regularly (e.g. monthly pass), then moving address would again, not be a reasonable justification.

    Did you only give the department your mailing address? Did they further have your email and/or telephone number?

    Have you attempted to contact the department and explain your situation/excuse and see if you can have the extra fees waived in exchange for you paying the due toll fines?
     
  3. ryno

    ryno Member

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    Hi @Sarah J
    Thanks for your response.
    I understand it is my responsibility and I'm making no excuses for that but I believe the fine is totally excessive, it's now $2500, not $250. I'd happily pay if it was $250. Yes the department did have my email and phone number.
    Yes I did try to explain the situation but they but they didn't care and said I just had to pay it.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Ryno,

    In that case, have you attempted contracting the Department of Transport and Main Roads or the Queensland Ombudsman and lodging a complaint? If it falls within their jurisdiction, they may be able to help you get the fine reduced to the original amount.

    In other industries (e.g. telecommunications) it is expected that the company attempts at least two forms of contact about a bill and if this does not happen, it would be reasonable to demand to have the extra fees for late-payment waived.
     
  5. Phildo

    Phildo Well-Known Member

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    Australia Post have a mail redirection service. It works very well - mail with your name on it gets redirected from the old address to your new one.

    If you haven't got this in place, then do so. Have it for 12 months, and each time something is redirected to you (there will be a sticker on the envelope) then contact the relevant company and update the address. Do this via email so that you have a written record of doing so, and make sure that you follow it up with confirmation (ie a phone or email a week later).

    $2500 is overboard. Consider taking this up with your local member of parliament.
     

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