Myki Fine - Want to Contest - Need Advise

redlover on 24/12/2014 - 09:21
Last edited 24/12/2014 - 09:21

Hi lovely ozbargainer,
I need your all help and opinion on what has happened this morning.
I normally walk to work (it took 25 mins walk from home to work) and only took tram when I'm going home from work. However this morning, something unexpected happened at home that causing delay resulting I am late for work. since I already late for work, I ran out the door and thinking will take tram this morning instead of walking. HOnestly I did not know how much money left in my myki but one thing I know for sure, I used the myki yesterday evening (to go home from work) and it still fine (green beeping).

So I got on the tram and pull out my myki ticket, at the same time touching it on, I texting my work to notify them I am late. I was then arrived at my destination stop . at the stop, there are many officer who got in the tram. I touched off my card (and I heard the decline beep). I was then about to get off when an officer stop me and ask to check my card.

He said my card has negative balance and I only touched it on minutes ago (not when I got on the tram from my original stop). So basically, I did not realize my card was not properly touched on as I was distracted with my phone. I only realized it has no balance when I tried to touch it off. I tried to explain the situation but the officer keep asking me if I want to pay $75 on the spot fine. I always touch on and off my card everytime I use the public transport. I never have any intention to be a fare evader and my myki history card will show all of that.

I also told the officer that I am late for work and there was no tram ticket machine at my original tram stop.
but he did not want to listen to me.
So while I don't want to drag things longer I chose to "pay later" as I believe I can contest this matter.

Ozbargainer, do you have any experience in contesting myki fine? if yes, what points do you think its important to make sure we win the case? do you think its worth to contest in my situation?

Thank you all in advance

By the way MERRY CHRISTMAS AND HAPPY NEW YEAR to you all :)

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Comments

  • chinospot on 24/12/2014 - 09:38
    +1

    IMO I don't think you really have a case. You could argue that there is no top up machines on the tram or at your original stop, but that's why they have online top up. They even have automatic top up online when you fall below a dollar amount it tops you up your designated amount. When you touched off the previous night it may have beeped green at you, but it would have also shown your negative balance. I have never received a fine from metro, but one would imagine unless its for not having your concession card on you or something of that nature your contest will be unsuccessful.
    Personally i would have just paid the $75 on the spot, but best of luck contesting

    • redlover on 24/12/2014 - 09:42

      Thanks. I did not even know they have that online top up!!! thanks for letting me know about that. how you set it up? go to the station customer service?

      Yeah I know but I don't usually see the balance coz the tram is always pack with people.
      I normally make sure my ticket has balance from the machine at my work stop . my work stop have machine but not my home stop..

      • chinospot on 24/12/2014 - 10:04
        +1

        You can use this link to set up auto top up. Also the other thing with online is you can see your balance anytime. I'd simply setup the auto top up for when it goes below $20 and you'll never have an issue again and wont have to line up to top up either.

  • smpantsonfire on 24/12/2014 - 09:45

    Hard to understand whether you actually did touch on or not but:

    If you touched on successfully with $0.00 or a positive balance, you can get out of this fine.

    It does not matter that when you touch off and it results in a negative balance.

  • razorack999 on 24/12/2014 - 10:08
    +5

    My opinion is that you morally have a case , because your history would show a history of non fare evasion and wanting to do the right thing. Which to be honest, puts you above a good percentage that do not.
    The problem you have is that whilst you are looking through your own personal lens at your situation, the officers are not. Nor are they expected to. They are there to efficiently catch fare evaders. If they spend all their time talking to you and listening to your arguments (which they have no way of verifying) then they are not being very efficient are they? If there were no fare evaders, then there would no need to have enforcement officers which is just a added burden to the system and reduces profits. BUT GIVEN that a decision has been made to counter fare evasion , then the administration want to logically maximise its effectiveness. If this means having a no compromise approach to fare evading then so be it. We all know the rules. In your case it may not be fair, but in most cases it is.
    So it would be your right and privilege to contest the fine. But at your cost. Is it worth all your time , money and angst to contest it? Thats a personal decision. Sometimes your are cutting off your nose to spite your face.
    Many years ago, i stopped getting upset about parking fines that I occasionally got, and just started thinking of the fines as a "cost of doing business" When you amortise the cost over a year it seems much less painful. A similar approach to this might be the best ïe make a "commercial decision"
    If you decide to contest, good luck

    • The tiger on 25/12/2014 - 08:06
      -1

      Hi, Razo, funny I like what you said "cost of doing business" to subside your painful loss of fine on illegal parking fines. I share your feeling as it happens once in a while for speeding and illegal parking fines, I term this expenditure as a "donation to the police fund" for their efficient job. I have no anger or frustration over my unintended illegal offenses.

  • [Deactivated] on 24/12/2014 - 10:12
    -1

    Just pay the fine. Save yourself a lot of hassle .a lot of fare dodgers use the same excuse. Not suggesting you are one, but from the officer's perspective , it is like I heard this story millions of times.

    • Bullion78 on 24/12/2014 - 11:55
      +2

      In my opinion, that's a slave mentality and Just allowing the state to walk all over you without a whimper.

  • nailsforlunch on 24/12/2014 - 10:19
    +1

    You don't have to touch off on trams though. Why touch off? Unless you were only zone 2 which won't matter soon.

    • redlover on 24/12/2014 - 10:20

      I did this because i got charged too much many times without touching off.. they always said it's their error and will provide refund. I did not bother to ask for refund because it take a list of process for just few dollars

      • nexus4 on 24/12/2014 - 10:58

        You cannot get charged any extra for not touching off on a tram.

  • sourdawg on 24/12/2014 - 10:33
    +1

    Challenge it, most people who have challenged have gotten off http://www.theage.com.au/victoria/myki-fines-fail-in-court-2…

    • redlover on 24/12/2014 - 10:48

      wow.. thanks for that. it gives me hope!!!

  • p1 ama on 24/12/2014 - 12:29
    +1

    I think the best thing to do here would be to write them a letter, but rather than 'arguing' your case, it's always better to accept your mistake and say that it was an accident.

    Here, what you've done is you've attempted to touch on, but for some reason, it didn't register and you didn't realise because you were distracted on your phone. If that were the case, then you might have some ground for presenting your case. You have several factors on your side.

    1) Your past record of travelling and not receiving a fine.

    2) If required and this goes to court, there might be CCTV on the tram showing that you attempted to touch on as you were getting on the tram but didn't realise it had declined.

    Now on a tangential note, this is where I think the Myki system is just plain stupid. Back in the old Metcard days, we had ticket machines on the tram, so all you needed were coins. These days, if you take the train, then it's all good, machines are on every train, buses are okay too because you can top with the driver.

    Trams are just dumb. Basically all but the largest of tram stops don't even have Myki machines, there are no top-up machines on board the trams themselves and even the whole internet top-up is just ridiculous. I don't use internet top-up because the first time I tried it a long time ago, it took like a day for it to go through, which is just plain stupid. What an absolutely stupid system.

    I honestly wonder why we wasted so much money on Myki, what benefits does it have over Metcard? The main benefit (internet topup) doesn't even work properly.

    • redlover on 24/12/2014 - 13:13
      +1

      Im completely agree with you. Yet we can pay the fine on the spot but not buying ticket is so limited with trams. I even challenged the officer this morning, why would you make it so easy for us to pay the fine but not easy when we are going to buy the ticket?, he had no answer for me and just said "well that's not going to happen" .. what a ridiculous system

      thanks for your advise, I am planning to do that when the fine comes. I am not going to easily let this go. I don't have any attempt to evade I know that for sure. finger cross it will resulting in my favor.

  • arcticmonkey on 28/12/2014 - 11:05

    The system is abhorrent. It's crazy that you can't buy a ticket on board a tram or purchase a ticket for a one off ride.

    I've been to developing countries that have a far more organised ticketing system.

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