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VIC MYKI Pubic Transport Fine Dispute - What are Our Rights?

Discussion in 'Traffic Law Forum' started by Rory1, 19 November 2015.

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  1. Rory1

    Rory1 Member

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    Recently, my sister was issued a fine on public transport for allegedly not tapping on with her Myki. Unfortunately, she did actually tap on and there must have been a problem with the machine. The inspectors bullied her into paying an on the spot fine rather than pay 3 times more at a later date ($75 on the spot or $223 if you want to pay it later), and would only check the veracity of her claims if she took the option of paying the larger amount.

    By paying the fine, has she lost her legal right the dispute the fines grounds? Their disputes department claim as much, furthermore the receipt for the fine says 'no refunds'. Metro's response to my email was 'by paying you forego any right to appeal the offence at a later date and no refunds are provided.'

    Their tactics are nothing short of extortion. If anybody could help me out by letting me know what legal rights she does actually have in the matter, I would be more than grateful.

    Regards
     
  2. Sophea

    Sophea Well-Known Member

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    I don't know whether you have already read this article that appeared in The Age, but it does provide a course of action for when you actually get the fine, though not much advice for if you have paid the on teh spot fine and want to appeal it after. It may be worthwhile trying to contact the Barrister mentioned in the article though and see if he has his probono Myki fine team up and running yet.

    Myki fines: What to do if you're unjustly fined for not having a valid ticket
    Doubt over myki fine enforcement as department loses fare evader battle
     
    Rod likes this.
  3. Rod

    Rod Well-Known Member

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    ^^^^^ this. His team was working the Melbourne magistrates court when I was there a few months ago.
     
  4. Rory1

    Rory1 Member

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    Thank you very much for that information Sophea
     

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