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VIC Fight Council Fine?

Discussion in 'Criminal Law Forum' started by Mike Love, 1 December 2014.

  1. Mike Love

    Mike Love Active Member

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    Hi. I received a fine from the local council for having my advertising trailer parked on a service lane next to a highway.

    The by-law was "Advertising on council land without a permit".

    The council officer knew where I lived and instead of mailing me the fine, he went to my house during the day when I was at work and handed it to my wife.

    I looked up under the "Infringement Act 2006" that a fine must be issued to the registered owner or sent to my address.

    So - can I object on the grounds that I was not personally issued the fine?
    Or should I ignore it and say that I never received the fine?

    BTW this is personal - so I won't just pay the fine and be done with it!
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Mike,

    The aim of that section is to ensure that the letter is received by the receiver of the fine. Personal delivery to your house fulfils the purpose. The section is fulfilled.

    Even if it is infringed, the council would just issue you with another fine. A procedural error like that would not get you out of the fine, it would only slightly delay paying and antagonise council with no benefit to you at the end of the day. Just pay the fine.
     
  3. Tim W

    Tim W Lawyer

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    I agree with @Sarah J on all counts.
    Just pay the fine and get on with your life.
     
    Michael T likes this.

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