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VIC Traffic Infringement Notice from Council - Request Evidence?

Discussion in 'Traffic Law Forum' started by Brad72, 8 April 2016.

  1. Brad72

    Brad72 Member

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    I received a traffic infringement notice in mail today from the council stating my vehicle was observed committing an alleged parking infringement. When they state observed and alleged, does that give me grounds to request evidence or an overturn of infringement under Traffic Law?

    Thanks in advance.
     
  2. Piers Blomfield

    Piers Blomfield Well-Known Member

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    If you dispute a parking ticket in NSW you will only receive the evidence for which the allegation is made on the day of hearing at court. When the say observed the are simply stating they saw your car there and the alleged means it has not been proven at court.
     
  3. Rod

    Rod Well-Known Member

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    No.

    'Allege' and 'observe' are simply untested statements. Nothing is proven until the matter is decided at court. If you elect to go to court the council lawyer must send you their evidence before your hearing (trial). There will be at least 2 appearances needed at court if you go to court and plead not guilty.

    You can make a request direct to the council for evidence, though I'm not sure they need to send you any before the matter is listed at court.
     
  4. Tim W

    Tim W Lawyer

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    My usual suggestion is just to pay the fine and move on.
     
  5. Clancy

    Clancy Well-Known Member

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    I thought the purpose of a fine was to encourage correct behavior? So what then is the purpose of a fine where you do not know/understand the behavior to correct?
     
  6. Tim W

    Tim W Lawyer

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    Not so much. A fine is a penalty for an offence. Notices such as "No Parking" are to encourage correct behaviour.
    What you allegedly did is described on the penalty notice.
     
  7. Clancy

    Clancy Well-Known Member

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    What is practically useless is some vague description on a penalty notice that you don't understand followed by the holding back of evidence unless you go to court! Ridiculous.

    Recently in NSW my Boss received a red light infringement notice. He was wondering what the hell they were talking about until i found out you can access the picture online! Then immediately he understood where and when and why, then paid the fine and tried to improve his driving. That is freedom of information working to everyone's benefit.
     
    Piers Blomfield likes this.

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