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VIC Received Traffic Infringement Notice but Cannot Recall the Incident?

Discussion in 'Traffic Law Forum' started by Joshua, 28 August 2015.

  1. Joshua

    Joshua Member

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    I have a query - last year I got a traffic infringement notice in the mail for supposedly stopping in a no standing place 2 weeks after the accused date. I cannot recall what I had for breakfast let alone what I did on that day. I was not given a ticket on my car and at no time did I leave my car, so under Traffic Law, can they fine me without my knowledge or any proof that I was actually there on that day - I can't recall!
     
  2. Tim W

    Tim W Lawyer

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    Last year? And you are asking now?
     
  3. Joshua

    Joshua Member

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    ok sorry I didn't give enough information. I was sent the fine in the mail about 2 weeks after the accused date which was in August 2014.

    I wrote back and sent a stat dec saying that at no time had anyone given me a ticket on my car and I was in the car all the time and I can't recall having done that on that day - it was 2 weeks ago and there is no proof I was there at the time. I would have thought they need to come up to me to give me a fine not just see me in the distance and post it in the mail? isn't it then their word against mine - where is the proof that I was there.

    At the time I received the infringement notice, I submitted the application for action by a court. Now I have received the hearing of my case at the magistrates court in October this year and the infringement offence is 'on or about 22 August 2014......my vehicle stopped at a no stopping sign'. I'm wondering whether they can do this ie.send a fine in the mail without any proof?
     
  4. Tim W

    Tim W Lawyer

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    Your lack of memory is irrelevant.
    If you think there is a possibility that you are Not Guilty, then go looking for evidence
    (work diary maybe? bank activity statements?) that tends to suggest you may have been elsewhere
    at the time and date alleged.
     
  5. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    The phrase "on or about" casts doubt on the situation right away. Is it a location you may regularly visit or pass? they have to come up with a bit more evidence than what they already have, I think. It sounds dubious.
     
  6. Ponala

    Ponala Well-Known Member

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    Ask for a copy of the brief of evidence pursuant to the Criminal Procedure Act, then you will see the evidence they rely on.
     
    Ozwarlock67 likes this.
  7. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Quite correct. A lot of people don't know to do this and if you can get a copy, you may see how flimsy their case is. It certainly doesn't sound right.
     

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