Hi all,
Sorry it's another (long) myki fine story, I don't think I'm in the wrong here, but I was just worried about a few details.
It was just an overall unpleasant experience, I'm rather stressed about the money, and I worry about the logic/compassion about PTO/PTV authorities.
Anyway:
Recently, while cleaning out a bag (my own), I find 3 myki cards
(all my own, I tend to lose mykis, buy new ones and find the old ones again)I catch 12.24pm Flinders St train from Dandenong Station, I touch on (with one of the re-found mykis) through the barrier right behind my sister (catching same train). I definitely hear the beep and a myki balance flashes on the screen, I don't remember exactly, but about $2.90 (I'm on concession btw).
Get woken up on the train by PTOs, take out my myki. They say it hasn't been touched on. I search some more, find two other myki cards, and according to the PTOs neither of these have been touched on either.
I explain that I distinctly remember touching on, reading the balance even, and that if they checked CCTV, they would see me touching on. I am convinced that its a machine fault (whether their reader or the barrier).PTO take my name and address, ask for when I got on (I say "around 12:28 from Dandenong"), explain about the fine, tell me that if I want to appeal, I can, that the letter will come in the mail. And that they will investigate themselves, and that if they do find a fault, then the letter won't come. I'm given one of those paper pass things that will let me get through the barriers once in the city.
Get off the train in the city, try the myki card at the barrier, and it (miraculously?) touches off. At this point, I feel almost scammed. When I think about it, the PTOs didn't record anything about my appearance/what I was wearing, so it's unlikely they were actually going to check CCTV.
Heading home (using the same damn myki), and when at Dandenong, ask for the myki's travel history. The station staff prints out a receipt, which states that I touched on at 12.24pm today.
My main worries are:
Before today, July 24th, the next recent travel on the receipt is March 24th (As I said, it was an old myki of mine I found again). I guess this doesn't show consistent touching on and off history.
The myki, when I was finished for the day (last touch off at 11:23pm) it became negative balance. I believe it was positive during the time of the fine, but I'm worried that this won't matter to them anyway.
The myki wasn't registered. I don't know if this actually means anything, but could be interpreted negatively?
Reading http://economicdevelopment.vic.gov.au/transport/legislation/…
, under "I could not validate my myki due to faulty equipment.", it says
"Supporting evidence must include:
the time and station/stop you travelled from;
a demonstrated history of regular fare payments (eg, myki transaction statement which is available for those who have registered their myki cards) and;
a positive myki balance."
Unfortunately, I don't have a good track record (due to long disuse) on the myki in question. Finally, I've had an infringement warning before in highschool when I forgot to have my yearly student concession card on me (waived when I sent a scan of it).
I'm willing to ask for CCTV evidence, but I don't know how strict/heartless they'll be - for instance, claim that the person in CCTV isn't me or that my travel history isn't good enough or I've already had a first offence or something.
The wait for the letter to be able to respond is also frustrating. Do you think my case is sound enough? Is there any other thing I can do to help?
Many thanks.
1) There is no parallel universe in existence where they would dredge up CCTV footage to investigate whether somebody touched on or not.
2) Show that your Myki was touched on immediately prior to the time of your infringement, laugh as they have no option but to throw the infringement out.
You're wayyy overthinking this mate, don't sweat it.