VIC Requesting Photo to Justify Traffic Infringement Notice?

Discussion in 'Traffic Law Forum' started by Kanashibari, 10 July 2018.

  1. Kanashibari

    Kanashibari Member

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    Hello,

    In December 2017, I got an traffic infringement notice from Victoria Police from Mar 2017 for my failure to obey traffic lights - detected by a road safety camera. When I tried to see the photo, the infringement had none, so I requested them (I remember there were a few vehicles so...) to be able to request a review.

    If I cannot see the photo, I cannot move forward. So I requested Victoria Police to provide me with photos of the alleged infringement.

    Today 10 july 2018 the answer to my photo request came:

    “I have reviewed the decision to serve an Infringement notice. I am satisfied that the alleged offence was committed and confirm that the issue of the infringement was justified”.

    Quite a default answer, not saying anything about the photos. If the alleged offence was detected by a road camera (so no eye witnesses will be brought later), why was there was no photo (online, neither by mail)?

    I have lodged my request online, so I have a copy. I immediately replied to their letter asking again for the photo.

    Should I go to court directly or keep requesting the photos forever?

    Thanks
     
  2. Adam1user

    Adam1user Well-Known Member

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    Hi,

    Red light infringements are serious offence and the magistrates don't take the matter lightly. You have the right to see the photos, but what is a bit funny is that it took nearly 9 months to issue the infringement. It does not mean that they are wrong, they could have had technical issues at that time, but that may give rise to doubt.

    If you are certain and have proof that you did not commit the infringement (example traveling overseas and have the tickets, etc...), then go to court by all means, but if you don't, I doubt that you will win in court as I mentioned that the red light infringement is a serious offence.

    The answer they provided is a template answer, it is not meant to hide the truth, so don't take it that way, the option is to call them and talk to a rep where they can inform you if they can provide the photo or not. I am not sure if you have to pay for it too, as this was before in NSW, now you can download it for free from the website as you have the infringement notice number.

    I hope this helps.

    Good luck.
     
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  3. Clancy

    Clancy Well-Known Member

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    Yea, the answer they provided is a template answer because no one actually cares what you wrote in your letter.

    Remember the movie 'Rain maker' and the insurer Great Benefit, had a policy of 'deny all claims', well our traffic infringement system is just like that. And the courts are happy to play along..... so I would say your better off just paying the fine.
     
  4. Kanashibari

    Kanashibari Member

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    Thank you for your reply.

    The intersection camera focuses (or thats what i think) in the turn right lane (and its own red light), i have seen that flash light plenty of times due drivers getting confused (it does not go green always at the same time of the straight one).

    The point is, i never turned right, neither the other cars (as far as i remember)... that camera is well know and is one of the affected by an issue in 2017... so looks like they are fishing.

    I asked again for a proof of the alleged infringement... but i dont think they have them...
     
  5. Ponala

    Ponala Well-Known Member

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    Have you tried online?

    Fines Victoria

    Otherwise ask for the matter to go to court and you will get the brief of evidence which you can then review.
     
  6. Clancy

    Clancy Well-Known Member

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    What you have to understand is, they can give you a fine regardless if you did anything wrong or not. The system does not care about what is fair to you, the lone defenseless individual among millions. They are perfectly content to screw you over and then forget you ever existed. This is the system we live under, when will people wake up and realize this?
     
  7. Cobra1972

    Cobra1972 Well-Known Member

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    They still need to 'Prove' that the vehicle registered to you was the vehicle used to commit the offence...

    I.e. a photo of your car, showing the registration plate. You would then need to nominate a driver, if you weren't the driver at this time.

    Don't listen to 'You all know who' he prefers to be negative than constructive.....
     
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  8. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Ponala is quite correct. Don't give them a cent. Just keep demanding the photo. They have to charge you or let it go.
     
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