VIC Is it worth contesting a myki fine in Magistrate's Court due to PTVs billing systems stuffing up?

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trammel

Member
10 March 2020
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0
1
I was traveling using Myki linked to my mobile phone, with an automated top-up of $10 whenever the balance was low. My bank records show $10 deducted from my account the day before the offence, however that wasn't applied to the myki balance until 2 days later. On the intervening day I traveled, my balance went negative, and I didn't notice that my touch-on failed until I got to the gates at the other end and was issued with a fine.

I requested an internal review, providing documentation of automatic regular payments going back 6 months, and documentation of the money being taken out of my account, but not applied, however the case review person simply said

Thank you for your request to review the above numbered infringement notice.
The law requires every person travelling on public transport to have a valid ticket for each journey and to take all reasonable steps to ensure that the ticket is valid. Failure to do so is an offence against the law.
Your explanation provided in the application for review has been considered, however, it does not excuse the liability of the offence.
Reports generated indicate the myki presented on the day of the offence had a negative balance when the journey was commenced and, as a result, could not have been successfully touched on due to insufficient funds.
You at this time chose to top up your myki as you require, as such it was incumbent on you to know when your myki needed topping up depending on your own needs, only you know when you may next need to travel.
This office cannot withdraw the infringement notice on review when a passenger has not taken all reasonable steps or any necessary actions to ensure that a legal trip can be undertaken.
Therefore, I confirm the decision to serve the above numbered infringement notice.
The law allows one application for review of an infringement. As the review process for this infringement is now complete, the options available to you are in the Further Information table contained in this letter.
I can appeal to Magistrate's Court, but if I lose, I could receive a guilty conviction and they say it would be noted on my criminal record (which I don't have yet).

It's $248 vs a possible criminal record.

They took the money, but didn't credit the myki. My bank account shows the money leaving. The reviewer simply ignored the provided documents.

I'm pissed, but I have to be realistic, and I've no experience with Magistrate's Court.

Any advice?
 

Adam1user

Well-Known Member
5 January 2018
520
29
2,159
I was traveling using Myki linked to my mobile phone, with an automated top-up of $10 whenever the balance was low. My bank records show $10 deducted from my account the day before the offence, however that wasn't applied to the myki balance until 2 days later. On the intervening day I traveled, my balance went negative, and I didn't notice that my touch-on failed until I got to the gates at the other end and was issued with a fine.

I requested an internal review, providing documentation of automatic regular payments going back 6 months, and documentation of the money being taken out of my account, but not applied, however the case review person simply said



I can appeal to Magistrate's Court, but if I lose, I could receive a guilty conviction and they say it would be noted on my criminal record (which I don't have yet).

It's $248 vs a possible criminal record.

They took the money, but didn't credit the myki. My bank account shows the money leaving. The reviewer simply ignored the provided documents.

I'm pissed, but I have to be realistic, and I've no experience with Magistrate's Court.
Any advice?
I am in NSW and I am not a lawyer, if I were in your shoes what I would do is trying to call them and speak to them on the phone, if no result then select the option to go to court, from what you wrote, you did everything possible to be prepared, but it is a system error from the other party's side. Before electing going to court speak with legal aid and get their opinion, and this depends on you having a clean record with the law meaning no other issues with the law. Saying my opinion is not a confirmed result and it will depend on the magistrate who you deal with.

Good luck.