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Pending Court Case in Australia


blobby1000

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A slightly dramatic title for this post!

 

Its only a speeding fine.

 

I am leaving Australia in december and am about to apply to have an unfair speeding fine heard in court which will be heard after I have left.

 

What happens?

 

Anybody know?

 

Will they chase me for $294......do I need to tell them I am moving.......

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I'd just suck it up and pay it tbh. What's $294 in the scheme of what it'll cost you to move back? A pain in the backside but you'll get over it

 

You are right of course but this is precisely the attitude all people have, its only a bit of money so I will pay. The fact is the Police here (ot more precisely VicRoads) fine people for speeding purely to make money whilst they allow undertaking and tailgating on their roads. I cannot see what is so dangerous about exceeding the speed limit by 1mph. I am supposed to watch the speedo so closely that I am not lookimg where I am going. I believe the nation needs to stop paying these fines.

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I can understand why people get bent out of shape about heavy-handed speeding enforcement but to me it's just a part of the game. I reckon I have exceeded the speed limit at some point on practically every journey I have made on the roads since I first started driving and riding motorbikes 22 or so years ago. I'm a bit more careful here but I still do it, all the time. So the odd occasion where you annoyingly get done for doing a trivial amount over the limit, say 5kph, sort of balances out with the much more frequent times when you did a good 30kph over the limit and got away with it. Or something like that. There are laws and enforcement policies that irritate me more here (like cycling helmets) but I'm not going to the barricades for that either - just not important enough in the scheme of things. They seem to have swallowed the "speed kills" mantra even more here than at home so I think arguing about it with the Australian establishment (particular as a foreigner) is urinating in a stiff breeze

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What speed were you doing to get a $249 fine?

 

 

$294!

 

I was doing 76KPH in a 70 zone, so 3.5MPH over the limit.

What happened was VICROADS sent the fine to the wrong address in January 2011. I had changed the address when I moved with VR but they did not update it. I have no proof of this because I did not record the phone call. As I am sure you appreciate, when you move here, buy cars, rent houses etc you are very busy and hence do not always keep track of little things like the date you rand vicroads to update your address.

So they sent the original fine for $149 followed by various reminders (to the wrong address) and then in May 2011 an enforcement order telling me I cannot sell my car until the fine is paid (the total had risen to $294).

Eventually (after I bought a second car and registered in at my present address) they figured out where I lived (which they should not have needed to do because I had told them already) and sent me the fine.

I appealed due to the above and pointed out I had never hidden from anything (kept rego up to date, paid other small fines immediately etc) but they were having none of it. So I said I would go to court. But this may take 12 months and regardless of the court case having not been heard, I am still guilty here so still cannot sell the car!

The upshot of it is, is that I cannot sell the car to return to the UK unless I pay the fine which I am not allowed to appeal in a court unless I am willing to leave my car sat on the drive for 12 months (because I am not allowed to reregister it either!)

I think you can see that for exceeding the speed limit by 3.5mph this is a bit ridiculous.

 

Incidently they have informed me that had I gone to court and lost and still not paid the fine they may have sent me to prison!

 

Thats right, sent to prison for exceeding the speed limit by 3.5mph.

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$294!

 

I was doing 76KPH in a 70 zone, so 3.5MPH over the limit.

What happened was VICROADS sent the fine to the wrong address in January 2011. I had changed the address when I moved with VR but they did not update it. I have no proof of this because I did not record the phone call. As I am sure you appreciate, when you move here, buy cars, rent houses etc you are very busy and hence do not always keep track of little things like the date you rand vicroads to update your address.

So they sent the original fine for $149 followed by various reminders (to the wrong address) and then in May 2011 an enforcement order telling me I cannot sell my car until the fine is paid (the total had risen to $294).

Eventually (after I bought a second car and registered in at my present address) they figured out where I lived (which they should not have needed to do because I had told them already) and sent me the fine.

I appealed due to the above and pointed out I had never hidden from anything (kept rego up to date, paid other small fines immediately etc) but they were having none of it. So I said I would go to court. But this may take 12 months and regardless of the court case having not been heard, I am still guilty here so still cannot sell the car!

The upshot of it is, is that I cannot sell the car to return to the UK unless I pay the fine which I am not allowed to appeal in a court unless I am willing to leave my car sat on the drive for 12 months (because I am not allowed to reregister it either!)

I think you can see that for exceeding the speed limit by 3.5mph this is a bit ridiculous.

 

Incidently they have informed me that had I gone to court and lost and still not paid the fine they may have sent me to prison!

 

Thats right, sent to prison for exceeding the speed limit by 3.5mph.

Well pay the bloody fine then! As I said, its not worth the grief

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Guest Paulwbafc73

Pay up mate for what it's worth. It's pretty much only the cost of a full tank of petrol now in the uk so your going to have to get used to paying £80 a full tank anyway.

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May as well pay the fine, you are not going to get it waived in court

 

You MIGHT get the additional fines reduced becasue of the address error, but you have to have the evidence of the date that you informed them of the change of address

 

So $145 MIGHT be knocked off

You will still have to pay the $149, no court in Australia is going to reduce the fine to $0 for speeding unless you can show exceptional circumstances....even then its probably doubtful

 

Yes, its a matter of principal, and yes, its 3.5mph over the limit, in the UK a cop wouldnt even fine you for doing 33.5 in a 30 zone, but Oz police are obsessed with speeding fines

 

If you wasnt returning to the UK, then I would say fight the case in court, but for the sake of a few hundred dollars is it worth it for you to do that?

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I understand the frustration when supposed peace officers morph into revenue collectors. If there is no victim there should be no crime lawfully. However, if we all drove a car under the influence or drove over the speed limit until there was an accident, then there would be chaos on the roads. Pay the fine and take the bus in protest.

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Blobby1000, what proof do you have that you informed VicRoads that you changed your address prior to January 2011?

 

The only way to get the additional $145 waived would be to prove that you had submitted all the details, and that there was a mistake made by VicRoads, or a problem with one of their systems. If your licence was updated but not the car's registration then you might have an argument.

 

If it comes down to "I'm sure that I phoned VicRoads in December 2010 to change my details" then you'll probably lose.

 

I appreciate that these things are unfair, but unless you can provide reasonable evidence that you changed your details and someone else screwed up then going to court is going to be an expensive waste of time. For the sake of the sum at stake, I'd be inclined to swallow the loss, as things going the other way will cost an awful lot more. Sometimes it's better to just cut your losses.

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$294!

 

I was doing 76KPH in a 70 zone, so 3.5MPH over the limit.

What happened was VICROADS sent the fine to the wrong address in January 2011. I had changed the address when I moved with VR but they did not update it. I have no proof of this because I did not record the phone call. As I am sure you appreciate, when you move here, buy cars, rent houses etc you are very busy and hence do not always keep track of little things like the date you rand vicroads to update your address.

So they sent the original fine for $149 followed by various reminders (to the wrong address) and then in May 2011 an enforcement order telling me I cannot sell my car until the fine is paid (the total had risen to $294).

Eventually (after I bought a second car and registered in at my present address) they figured out where I lived (which they should not have needed to do because I had told them already) and sent me the fine.

I appealed due to the above and pointed out I had never hidden from anything (kept rego up to date, paid other small fines immediately etc) but they were having none of it. So I said I would go to court. But this may take 12 months and regardless of the court case having not been heard, I am still guilty here so still cannot sell the car!

The upshot of it is, is that I cannot sell the car to return to the UK unless I pay the fine which I am not allowed to appeal in a court unless I am willing to leave my car sat on the drive for 12 months (because I am not allowed to reregister it either!)

I think you can see that for exceeding the speed limit by 3.5mph this is a bit ridiculous.

 

Incidently they have informed me that had I gone to court and lost and still not paid the fine they may have sent me to prison!

 

Thats right, sent to prison for exceeding the speed limit by 3.5mph.

 

 

 

How can doing 76km be 3.5 over the limit yes it is in miles but you are ina KM country and that is 6 KM over the speed limit. There is no percentage over allowed in Victoria. Sorry to say pay the fine and save a life by learning that Victoria is strict. I have been fined in the UK for doing 3 MILES over the posted limit so it all depends on the day/ situation

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Guest The Ropey HOFF

You have moaned and groaned constantly about how dangerous the drivers are in Melbourne and then you are caught speeding I find it quite ironic TBH.

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Guest guest68546

I look for consistency and to my mind, the police and justice system in Australia, is anything but. I've been hit on my bicycle twice (different States), the first ended up with me in hospital, the second it was down to good fortune that a greater tragedy didn't happen. On both occassions the police knew who the drivers were and both admitted hitting me becasue of their driving. On both occassions nothing happened; the police didn't even speak to me despite being in a hospital bed and ignored my requests. Result, no action taken and to make matters worse, the second incident isn't even being recorded in the incident book. They are happy to book for minor incidents when no incident has occured yet overlook the more serious issues. I have only disdain for the Australian police and their lazy attitude.

 

In the end, you can't escape the biased rules in place....need to simply suck it!!

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How can doing 76km be 3.5 over the limit yes it is in miles but you are ina KM country and that is 6 KM over the speed limit. There is no percentage over allowed in Victoria. Sorry to say pay the fine and save a life by learning that Victoria is strict. I have been fined in the UK for doing 3 MILES over the posted limit so it all depends on the day/ situation

 

I was converting the amount I was doing over into MPH, its nothing to do with percentages. I did this because I presume the fact that the people on here disagree with me means that they live in the UK cos believe me when you get here you will be fined just like everyone else

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You have moaned and groaned constantly about how dangerous the drivers are in Melbourne and then you are caught speeding I find it quite ironic TBH.

 

But again Mr Ropey, you dont live here.....so you are bound to not be as moany as me!!

 

My point is this: In the UK I drove for 18 years, I had one speeding fine.

Over here I have been driving for 20 months and I have had 4 speeding fines.

 

I have not suddenly turned into a maniac. My wife calls me a "trundler" I am apparently the dullest driver on earth according to her. I have 2 kids, I drive very carefully.

 

However, when the state have speed limits of 40kph, 50 kph, 60kph, 70kph, 80kph, 90kph, 100kph and 110kph regardless of the number of lanes, and dependent on what time of day it is, and the speed limits change weekly........and on any typical 5 mile stretch of road the limits go....60, 50, 70, 80, 50, oh look its 2.30pm so now its 40, then 50 etc etc its bloody hard to keep track and not creep 3MPH over.......

 

Its very very difficult NOT to get caught speeding.

 

In NSW they warn you when they have camaras because they want you to slow down. In Victoria they hide behind trees....all they want is money

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I look for consistency and to my mind, the police and justice system in Australia, is anything but. I've been hit on my bicycle twice (different States), the first ended up with me in hospital, the second it was down to good fortune that a greater tragedy didn't happen. On both occassions the police knew who the drivers were and both admitted hitting me becasue of their driving. On both occassions nothing happened; the police didn't even speak to me despite being in a hospital bed and ignored my requests. Result, no action taken and to make matters worse, the second incident isn't even being recorded in the incident book. They are happy to book for minor incidents when no incident has occured yet overlook the more serious issues. I have only disdain for the Australian police and their lazy attitude.

 

 

In the end, you can't escape the biased rules in place....need to simply suck it!!

 

So true.

 

Its totally corrupt.

 

Glad you got out of it with your life though.

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Guest guest68546
How can doing 76km be 3.5 over the limit yes it is in miles but you are ina KM country and that is 6 KM over the speed limit. There is no percentage over allowed in Victoria. Sorry to say pay the fine and save a life by learning that Victoria is strict. I have been fined in the UK for doing 3 MILES over the posted limit so it all depends on the day/ situation

I'll never condone speeding or reckless driving and those who deliberately flout the road rules deserve all that comes thier way but my experience is that the police are lazy and lack integrity to 'do the right thing'; I don't agree that saving a life is their top priority. They are strict when it suits them, its easy and they don't have to go out of their way.

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