Hello OzBargainers,
Anyone here have any experience with contesting on the spot fines? I was recently fined $75 at Flinders Street for not carrying a concession card because I forgot to bring mine even though I had a valid concession card at the time. Can anyone help with the appeal?
there is nothing to contest to put it bluntly, trust me, you're getting off easy by just being charged $75, just live and learn and move on…
yes and I know I was in the wrong but am curious in the outcomes of others in my position and if there would be any leniency for a first time offence
He is not getting off easy for simply forgetting to bring his card, he is paying $75 for it.
He is in the right to travel with his myki, it's the only way he can travel, it's not like he had a choice to pay the adult fare, if he realizes he left his CC somewhere.
Yes, I have successfully contested that fine before.
On the back of the fine paper is the way to appeal the fine.
You need to get a photocopy of your Concession card, & attach it to your letter of appeal, & send it off.
You will be granted leniency for a first time offence.
If a passenger pays an On-the-spot Penalty Fare they have no right to appeal at a later date and no refunds are provided. If a person believes they have a legal defence to travelling without a valid ticket, they should not pay an On-the-spot Penalty Fare but should instead provide their name and address and appeal the infringement notice if they receive one.
Best thing you can do is get a signed stat dec and supply that with your infringement form. I wouldn't expect much leniency with them to be honest!
Only if you chose to not pay it on the spot though.
On the spot you get about a $200 "discount" on the fine, but lose the ability to contest.
Wait so "on the spot" literally means you pay them right where you committed the offence?
Exactly.
Authorised Officers carry EFTPOS machines.
(http://ptv.vic.gov.au/penaltyfares/)
You can pay an on the spot fine on the spot, but can't buy a ticket.
Correct, that is what an on the spot fine is.
You can choose to pay later but it will be an extra $200
Agree. Have contested travelling without a valid ticket (first time offence in NSW, much more fine than $75); scanned many previous tickets and sent in with my plea for leniency/apology for "losing my ticket" - success! Clemency was granted. You have nothing to lose, why not contest it.
It seems the Victoria system is not the same as NSW.. the OP has already paid the fine which was apparently on the spot.
So now there would be a legal problem..i imagine you would have to write a stat dec and explain why you paid it.
Ahhh by the time you paid the court fee to have the case re heard etc it will cost you more in time and money.
If you wanted to contest it you shouldnt of paid the on the spot fine..but you done it now…so let it go.
If a passenger pays an On-the-spot Penalty Fare they have no right to appeal at a later date and no refunds are provided. If a person believes they have a legal defence to travelling without a valid ticket, they should not pay an On-the-spot Penalty Fare but should instead provide their name and address and appeal the infringement notice if they receive one.
(http://ptv.vic.gov.au/penaltyfares/)
The choice is to pay $75 fine on the spot, or receive an infringement notice and pay $219 (Or appeal/take it to court).
You need to go full retard, tell them you just lost a leg or you were on your way to a funeral. 50% of the time you'll get a compassionate employee and they'll leave it at that.
pretty sure a condition of use is that you have to have the concession card on you while using a concession ticket.
you would have to beg for forgiveness and leniency