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QLD Non-Payment of Fine - Challenge?

Discussion in 'Traffic Law Forum' started by Thomas king, 14 February 2015.

  1. Thomas king

    Thomas king Member

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    Hello. A few years ago I was fined by a fixed camera in NSW in a company vehicle. The company nominated me as the driver. I have always denied being guilty. I have just received a letter saying they will send a sherrif to take goods to pay the fine. I have never admitted guilt or been to a Traffic Law court. Can they do this? I am licensed in Queensland and being pursued by NSW office of state revenue. Thanks
     
  2. Paul Cott

    Paul Cott Well-Known Member

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    Hi Thomas,

    If you weren't in fact the driver you should be able to challenge the fine/offence - though there may be a time limit for such a challenge. Maybe call the Roads Corporation or Civic Compliance or similar type body in your state.
     
  3. Ivy

    Ivy Well-Known Member

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    Hi Thomas,

    I was driving my partner's car on one occassion and received a low level speeding infringement in NSW. My partner received the notice and we both had to sign off that I in fact had been driving his car at the time. So I am not sure how your company was able nominate you as the driver without your consent or knowledge if this is in fact the case.

    Also, who sent you the letter regarding the fine? From your description it doesn't sound like something that the NSW Department of Roads and Maritime Services (RMS) would send to you. What happens when fines are transferred in NSW from one person's name to another is that a new infringement notice is issued directly from RMS and then a follow up notice if the first one wasn't paid and so on.

    Can you please give some more information about your situation, specifically whether the RMS has issued you the fine directly? I also agree with Paul that you should get in contact with the Department directly as well.

    I hope you're able to resolve this soon.
     
    Paul Cott likes this.
  4. Thomas king

    Thomas king Member

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    I knew nothing about this until I received a fine , in my name, and I objected. My boss had nominated me as the driver and I denied this. I have b3n in touch regularly with them and now they threaten to send a sherrif. I don't think they can as I have never admitted fault or been proved guilty. It is a different state to where I am licensed so can they do anything?
     
  5. Rod

    Rod Well-Known Member

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    You are still under the assumption that you are innocent until proven guilty! The pollies in most states have written the road laws so that unless you can prove they stuffed up or you can prove your innocence, then you are guilty.

    If you ignore them they have a process they follow that generally does not end well for you.

    You need to either pay up or talk to the relevant court about the fine and how you can have the matter heard in court.
     
    Thomas king likes this.
  6. Ivy

    Ivy Well-Known Member

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    Hi again Thomas,

    Who is threatening to send a Sheriff? RMS?

    I agree with Rod in that a fine is sent to whoever owns a vehicle and they have to declare if it wasn't them driving (as per my explanation above). RMS don't have to "prove" you guilty in the sense that they need to show evidence against you other than that the car registered in your name or that you were driving was caught speeding.

    Have you asked your former company how and why they nominated you as the driver? Do you have log books or proof other proof that you weren't driving that day? Does the company have log books that show you were driving the car?

    The onus is on you to prove to RMS that you weren't driving the car when it was caught speeding. I think that you should get in contact with your Company and RMS to find out how your company was able to put the speeding fine in your name.
     

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