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NSW NSW State Debt Recovery Office (SDRO) Fine - Statue of Limitations?

Discussion in 'Traffic Law Forum' started by Tasna Forbes-Gittens, 28 May 2015.

  1. Tasna Forbes-Gittens

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    Hi, today I received an Enforced Fine Statement from the NSW State Debt Recovery Office (SDRO) for a parking fine dated 7 years ago, 31/05/2008 for $129. I was completely unaware of the offence.

    Is there a Statute of Limitations - Time Limit for this unpaid parking fine? If so, what is it?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Tasna,

    I am not sure if there is a statute of limitations for councils recovering fines. The general limitation for debt recovery is 6 years. However, when was the first time you received this fine? Did the council take 7 years to issue the fine or did they keep sending you demands during this time? This will affect when the limitation period commences.

    If you wish to dispute the fine on the basis that the fine is backdated 7 years and the council has taken 7 years to issue this fine and notify you of the offence/debt, then you can ask the State Debt Recovery Office to review the fine.
     
  3. Tasna Forbes-Gittens

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    Hi Sarah, This notice is the first time I have been notified of a parking fine, dated 31/05/2008. I have never received this parking offence. Looks like the council or SDRO have taken 7 years to send me a this notice, amount owing $129. I don't even know what the original amount was for as I have no infringement notice. I certainly will be asking for a review.

    Thanks for your input Sarah. I believe I have a good chance of winning.
     
  4. Mick M

    Mick M Member

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    Hi Tasna,

    There is a limitation period in NSW. For a parking fine it is 12 months. The limitation period means that the fine needs to be issued for a parking offence within 12 months.

    Once the fine is issued, if not paid, it can be "enforced". Then the fine lives forever until paid/resolved. It looks like this is your situation.

    It is quite possible for you to see this enforcement for the first time. If the original fine was left on your car when someone drove it then she could have just thrown the fine away. You would get a reminder notice however it will go to your RMS registered address. If you have not changed it and lived in a different place to what RMS knows then you would not get the reminder. The next step is the enforcement...

    You can dispute the fine in court. You ask State Debt Recovery for an annulment of the enforcement order. If granted, you get your day in court to dispute the fine.

    Good luck.
     
    Sarah J and Rod like this.

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