VIC How to Appeal EPA Infringement Notice?

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Kaitlyn

Member
2 November 2016
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0
1
Hi, I got an EPA Infringement notice this past week with the offense being depositing burning litter. The offense was dated 12/10/16, issued on 14/10/16 and I have now only just received it.

Information of offense: Driver deposited lit cigarette butt from vehicle onto roadway.

I was on this road at the time, however, I am pretty sure at this time, I was filling up at a petrol station where I would never deposit litter (let alone a burning cigarette), paid for the petrol at 2:58pm according to my bank statements and would also never deposit anything of a burning nature as I actually trained for a position at a petrol station and know the repercussions (other than the obvious).

I was with a friend at the time and she is willing to help, but is also not 100% sure of the definitive time I arrived at the petrol station. I also do not deposit cigarettes from my car and keep a can in my cars' cup holder as to not litter cigarettes.

I was wondering if it was best to write a letter (that is not a statutory declaration) and perhaps without prejudice stating these facts (although be more assertive I was at the petrol station perhaps)? Or if you had any recommendations? Ask for proof? etc. As the fine itself is $622 and as a student, I could hardly afford to pay half, especially considering I have never and would never partake in this offence.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Write a letter and request a review first and if that fails, take it to court.

Else pay the infringement.
 

Lance

Well-Known Member
31 October 2015
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2,394
You could try and ask for a review as per Rods comments, but if the petrol station is within a close proximity of where they claim to have observed a cigarette being disposed of and it's not a ridiculous time from 2:58pm the court would probably find that you likely were the one depositing the cigarette.

If, however, the infringement was not around 2:58pm and some distance from the petrol station you might be in luck. you might want to seek further details from the EPA with regards to what was observed and find out if they have photographic evidence (they usually do).
 

Kaitlyn

Member
2 November 2016
2
0
1
Thanks for your help, Lance.

The petrol station was on the same road as alleged, and according to fine was at 2:45pm. So very frustrating and not looking good - may give them a call tomorrow and see what (if anything) they have on me.