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VIC How can I Contest and Squash a Myki Fine?

Discussion in 'Other/General Law Forum' started by Chilli, 19 February 2015.

  1. Chilli

    Chilli Member

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    Really not sure how I go about contesting a Myki infringement. It is my second Myki fine for not producing a Healthcare Card.

    Public Transport Victoria (ptv.gov.au) already have my details but are saying that because the infringements are of the reasons I now have to cough-up. What are my options under traffic law?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi Chilli,

    Generally public transport authorities are able to issue infringement notices and fines for not producing evidence of concession eligibility when you have paid for a concession fare. This clause is usually in the terms and conditions of purchasing a concession public transport card or ticket.

    Why do you think you have grounds to appeal the fine?
     
  3. Chilli

    Chilli Member

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    Hi Ivy

    "Concession cards must be carried at all times when travelling and are not transferable. They are not valid if they have been tampered with or damaged."

    They already have evidence I am a recipient of a HCC… It does not specify that I should have brought a full paying card if a HCC was not produced..
     
  4. Ivy

    Ivy Well-Known Member

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    Hi Chilli,

    I just had a look at the Public Transport Victoria website and found that you can use the Centrelink App "Digital wallet" in place of a health care card: Concessions - Public Transport Victoria

    However in your case where you have already been issued an infringement, you may want to have a look at the Victorian legal aid webpage on this issue: Public transport offences | Victoria Legal Aid

    In particular, the information on this webpage points out that "it is not a valid excuse to say that you have a concession card but you did not have it with you."

    I hope this helps.
     
    John R likes this.
  5. Chilli

    Chilli Member

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    Thanks Ivy for your guidance… It disappoints me to know this now about the Digital App when Centrelink could have given me that advice when I asked them for help repeatedly…
     
  6. Lynlyn

    Lynlyn Active Member

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    i want to ask do inspectors know my address in my concession myki?
     
  7. Tracy B

    Tracy B Well-Known Member

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    Hi Lynlyn,

    Generally, when you sign up for a concession myki, you fill in a form that asks for your address. Each concession myki should be associated with one person and that person submits identification when receiving their concession card.

    Therefore, the inspectors may not necessarily know your address from your myki card (but they are authorised to ask for your name and address to confirm your identity). PTV definitely has the opportunity to store this information, though.

    I suspect PTV inserted the requirement that all concession card users must have evidence of their concession status when asked partly to avoid concession card holders giving their concession myki to non-concession holders.
     
  8. Lynlyn

    Lynlyn Active Member

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    how about it is overused???? that was my old school supported to me and it was finished on February. does my concession myki still have my information?( cause i just moved to here for 5 months so i dont know i cant continue using this )
     
  9. Tracy B

    Tracy B Well-Known Member

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    Hi Lynlyn,

    Unfortunately, it is the user's responsibility to know when the concession card expires. Therefore, once your proof of concession (e.g. student card) expires, then you must stop using your concession card and switch to full fare. The expiry date is written on the front of your proof of concession card. From memory, call concession cards for students are valid either half yearly or yearly and expire at the same time. The next year's concession card for students will be a different colour. Hence, it is very obvious from looking at the card for an officer to know whether it is current or past.
     

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