Dispute of Excessive Parking Fine of $91 with an Overdue of $214

I have tried disputing a parking fine I received a bit long ago both under special circumstances and exceptional circumstances with the following story. But I got it rejected. They sent a letter mentioning that they cannot accept my application for enforcement review under special circumstances as the matter does not address criteria outlined. If you do have any suggestions please let me know anything cause this is too much to bear.

“ I recently contacted Fines Victoria and was informed that I have an outstanding fine of $315, consisting of a parking fine of $91 and an overdue amount of $214. I was unaware of this fine until I made the inquiry, and I would like to request a review of this matter. I received a parking infringement notice for an alleged violation that occurred on 20th January 2022. I would like to bring to your attention several important factors that warrant the dismissal of this fine or, at the very least, the removal of the unexpected additional charges. To provide you with a detailed account of the situation, I would like to outline the series of events:

  1. On 20th January 2022, I was residing at Daly Boulevard, Highton. At the time, I parked my vehicle in front of my boarding house, which was located in a parking permitted zone.
    However, I unintentionally exceeded the two-hour parking limit.

  2. Upon receiving the parking infringement notice, I promptly appealed the fine to the Geelong city council infringement department. I have attached a copy of my appeal letter, which outlines my reasons for disputing the fine.

  3. Subsequently, I followed the instructions provided by my landlord and applied for a residential parking permit. Unfortunately, I did not receive any response to my appeal or any communication regarding the outcome while I resided at that address.

  4. In March 2022, due to a series of unfortunate circumstances, including financial difficulties and my father's serious illness, I made the difficult decision to intermit the course, take a temporary break from my studies, and return to Sri Lanka. My father tested positive for COVID-19 in December 2021 and developed pneumonia as a complication. He had to be hospitalized and underwent a challenging recovery process.

  5. While in Sri Lanka from March to May 2022, I did not have a fixed address to receive mail. Additionally, I was under significant psychological distress due to the circumstances surrounding my father's illness and the financial challenges my family was facing.

  6. Upon my return to Australia at the end of May 2022, I was unfortunately struck with a severe case of shingles, which further delayed my ability to handle administrative matters. I was unwell and undergoing treatment until the end of July 2022.

  7. It was only today, on the 29th of May 2023, that I discovered the outstanding fine when I contacted Fines Victoria to inquire about any outstanding fines. I was surprised to learn about the accumulated charges and the lack of communication regarding the outcome of my appeal. I would like to emphasize that I have a good history of compliance with parking regulations.

Since the incident described above, I have not received any fines or infringements. I assure you that this occurrence was an isolated incident, and I am committed to adhering to all parking regulations in the future.

Furthermore, I want to emphasize the extraordinary circumstances that contributed to the delayed response in addressing this matter. The combination of my father's serious illness, my own psychological distress, and subsequent health issues prevented me from effectively managing my administrative responsibilities during the specified period.

I have attached the following documents as evidence to support my case: - Parking infringement notice - Appeal letter to the Geelong city council - Tenant agreement, which does not mention the requirement for a parking permit - Bank statement for the past two months to support my financial situation - Medical statement regarding my father's condition - Travel itineraries to and from Sri Lanka during my absence - Psychological evaluation report highlighting the impact on my mental health Given the circumstances and my history of compliance ”

I don’t expect it to be waived, at the very least dismissal of the overdue amount would be a big relief. Please help!!

Comments

      • Probably a bit harsh. And maybe it is just my interactions and observations but they are generally shitty people that show no reason to people. I have seen them ignore people in no standing spots but then camp a car in a quite street to fine someone that is literally walking to their car for going over 5 mins in a 2hr spot.

  • +11

    "I unintentionally exceeded the two-hour parking limit"

    that's why you got a parking ticket - ignorance of the law is no excuse.

    end of.

  • +2

    OP has left the chat.

  • Their response is basically that your request for review under exceptional circumstances doesn't meet their criteria for a fine to be reviewed under exceptional circumstances. You can dispute this and seek assistance through LegalAid or pay the fine and move on.

    It does appear as if the original fine was legitimate so you should offer to pay that at least, even if you dispute the late fee.

  • +2

    Moving away and not updating a postal address isn't a get-out-of-jail-free card for fines. You knew you had a fine. You hadn't heard back about your appeal. You didn't pay the fine.

    This is entirely on you.

  • +4

    At what stage do people start taking ownership of their own actions, i would've thought it was once you were an adult, but it seems no more?

  • +3

    do the crime - pay the time

  • +2

    In the future, you should say, "I never received the response after the appeal in the first place, and I am willing to pay the fine without the other fees" That is your excuse and normally they will waive the other fees. The more you give, the more you lose

  • +1

    This amount? Not worth the stress. Pay it. You overstayed.

  • +6
  • +3

    Just pay it then build a bridge and get over it.

  • +2

    I parked my vehicle
    I unintentionally exceeded the two-hour parking limit.
    Upon receiving the parking infringement notice, I promptly appealed the fine

    This is where it all went wrong - there was never anything to appeal 😂

  • දඩය ගෙවන්න

  • +2

    Disclaimer: Not legal advice

    You have described a situation where you've finished all formal avenues to challenge the fine.

    Ignore everyone stating to take it to court, you do not have that option because the fine is registered with Fines Victoria and managed under the Fines Reform Act.

    You have applied for an enforcement review with Fines Victoria, and your review was refused. Fines Victoria are the final decision maker in this matter and they have decided that your circumstances do not warrant for the fine to be reviewed. The circumstances outlined do not meet the legislative requirements for either exceptional or special cirsumstances, which are both different types of application.

    Under the Fines Reform Act 2014, you are only entitled to one enforcement review application (except in limited special circumstances). Therefore, your options to challenge the fine have ended.

    If you cannot afford the fine, Fines Victoria can negotiate payment plans. Otherwise, the fine will move to enforcement warrant stage and eventually the Sherriff will become involved.

    I encourage you to deal with the fine. Don't leave it. Fines Victoria will sometimes leave fines for years whilst they try to encourage communication or engagement, but fines never go away and the final step is the Sherriff.

    PS: There are major holes in your story that have been picked up by previous commenters. I won't comment on those, but in future, it's worth properly engaging with the issuing agency, following directions on notices and providing complete information like full contact or updated contact details. Remember: your personal circusmtances don't always make the agency's decisions wrong, unfair or unlawful. Take some ownership of your own actions.

  • If the OP had just left it for 7 years, the fine actually goes away. They cant find you and honestly, they dont really try. When your address changes it is your responsibilty to inform them… but then whether they or you follow up is a roll of the dice.

    • +1

      Not true, fines no longer expire under the Fines Reform Act

      • +2

        Ah missed that… yay to pre 2017… boo to post 2p17 then

  • OzLegalAid

  • +1

    Just pay it already, consider yourself lucky it's only that much after being outstanding for nearly 2 years. It's not even about the principle anymore, you're just asking for leniency for part of a small fine. It's not worth all that.

  • +3

    OP randomly calls them to check if any outstanding fines?

    I don't know about you, but in decades of driving I've never… not once, called an authority to check if any bad debts or outstanding fines are against my name.

    You KNEW something was up and hoped it would go away. It didn't. Pay up.

  • +3

    Imagine spending all this time over $200 bucks. This is the same as pennywise dollar dumb. Your time isn't worth it lol.

  • +1

    Firstly: this is OzBargain, most people here are clueless, low level degenerates. Ask a solicitor.
    Secondly: your mistake, pay the fine

  • +2

    seems pretty cut and dry, your story while unfortunate is completely unrelated to the fine or any special circumstances that would get you off the fine, as others point outed parking there too long unintentionally is not a valid excuse and the incidents that took place at a future date are irrelevant. However unfortunate, it looks like your only avenue is pay up.

  • Mate, you sat on the fine for almost 2 years now. It was bad enough when you first sat on it for 1 year, now it has been almost another 1 year.

    I'm surprised it didn't get compounded even higher

    I was in a somewhat similar situation to you earlier on last year. Forgot to vote in a state election, went overseas a few days later.

    Didn't know about the fine until I got an email through an enforcement agency. Called them up and wrote an appeal. Provided them evidence how I was overseas straight after and didn't see the letter in the mailbox because of it.

    Basically admitted I didn't vote and asked for the enforcement fee to be waived. Got it waived ~3 days later, paid it and that was it.

    Your initial appeal was bad, you didn't have the permit so you should've expected it to be rejected IMO. Especially when you knew you weren't supposed to park for too long and actually tried to avoid going over the limit

  • OP long story short, if you want to apply for special circumstances, you must submit a medical certificate from either your GP or a Psychiatrist.

  • +1

    Just pay it. You didn't have a legitimate reason to contest it on the first place.

  • https://online.fines.vic.gov.au/Support/Special-circumstance…

    Doesn't look like they can give you special circumstances as that isnt in the prescribed legislation detailed above. As OP's reasons didnt cover them they probably havent got leniency :(

  • There's a lesson to be learnt here somewhere OP

  • What year is it? Still relying on paper infringement notice and not via email?

  • OPs gone.

Login or Join to leave a comment