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

  • +43

    Way above our paygrade. Contact Legal Aid as a first step: https://www.legalaid.vic.gov.au/unpaid-fines-and-fines-victo…

    • +75

      Disagree. We are professionals

      OP make sure your ad blocker is turned off if you are paying via cashrewards.

    • +2

      Only option is to take it to court,,,
      But the cost of a Solicitor to take it to court will be no less than $1,000 and possibly $2,000.

      So Op I will leave it up to you
      Just be aware that the response given to you will be provided to the judge who will be reading that before listening to your case.

      OBs advice is alaways to take the cheapest way out

      Its in your hands now

      • +1

        Too late to take it to court now. If the fine is with Fines Victoria, there is no option to take it to court and he would be wasting money hiring a lawyer to try to help him take it to court..

        • +1

          Yes,I see your point

          Too late to do anything really
          Except PAY UP!

    • -4

      Contact Legal Aid

      Legal Aid is trash, they only deal with drug, alcohol and family violence matters, all other criminal matters help yourself.
      But their lawyers also are trash, people without any professional working experience so all support they offer is plead guilty, personal experience both on the phone and on site.

      • -1

        That's BS.

        • -2

          That's BS

          You didn't check your icon in the mirror.

          • @billadm: Only peeps I see whinging about legal aid are deadbeat upper class parents angry their kids are advised to plead guilty to drug offences so they can get diversion pathways and not end up with a record, and the perp in domestic violence matters.

            What's your experience?

            • -1

              @Typical16-bitEnjoyer:

              drug offences
              perp in domestic violence matters
              What's your experience?

              So dude tell us a bit more.

      • +1

        Also, they are not a member of the AFCA

        • drug offences
          perp in domestic violence matters
          What's your experience?

          So again, what is your experience?

        • Billadm probably sought legal aid to sue eBay LOL

  • +13

    UN Council for human rights?

  • +64

    I expect this reason for not waiving the fine is because you don't have a good enough reason for the infringement in the first place. The fact that you were not around to receive correspondence relating to the outcome of the appeal is not their concern. Does that lack empathy and consideration for someone doing it tough? Yes it does. Does the council actually care about you as an individual. No - they don't. One thing you will learn from living in a country like Australia is that pretty much no one cares about you on an individual level. You are a number. You are an expendable resource to milk for economic gain. Welcome to Australia.

    • +34

      OP was in Sri Lanka. Seriously doubt their level of concern for citizens would be greater than Australia’s

      • +7

        I'm confident you are correct.

    • -1

      Australian law treats matters objectively and without discrimination. As a former Sri Lankan, I can relate to how OP is feeling. In fact in Sri Lanka, he might have had better chances of getting this matter resolved in his favour, not because Sri Lanka treats its citizens better, rather because the law there can be bent under these emotional matters. OP's situation sucks but I honestly like Australian way of handling things to prevent people from misusing emotional circumstances for their advantage. Pay the fine and move on.

  • +47

    Everyone has a good story on why they couldn’t do this or that.

    Just pay and move on

    • Agreed, I had a really busy life and even caught COVID so I couldn't have possibly known that I was going to get late fees added onto my fine isn't going to hold up in any court of law. Just pay it and move on, next time pay better attention or pay your fines faster. Everyone is too busy, you make time for the things that matter to you in life.

  • +26

    I am actually surprised it didn't go higher than that given it's nearly 2 years.

    You are not disputing the 2 hours parking limit fine but rather disputing the overdue amount due to essentially being unaware. The problem is being unaware is not a valid ground for waivering additional fines. Examples of known valid reason include overstaying due to emergency (eg: car broken down/exploded, unplanned birth, assisting injured drivers, personal injury, etc) and example of waivering overdue amounts mainly due to for example, incorrect issuance of the original fine, Vicroads uncontactable, own house explosion, being incapacitated/taken care in hospital, etc etc.

    Your series of unfortunate events don't fall into this category as much as I hate Fines Victoria. I think at best, you could apply for payment plan.

    • +4

      Fines vic are a tough bunch to get an exception from.

      I parked in what I thought was a legal spot, the sign had been pushed 90degrees and I misread it at night. I must have been fined, but the nice locals of fiztroy must have seen my fine and ripped it off my wipers.

      When I returned to vehicle, I saw nothing so I paid nothing. Months later I received correspondence saying my fine is overdue and imposed penalties on top of the parking fine. I wrote back saying I never received the fine and there was none on my car.

      They rejected it with a photo when the official placed it on the wiper.

      Basically, even though I never got the fine, I was slapped with penalties for overdue which couldn’t be over turned. I would’ve thought a follow up letter saying hey you got a fine due you know would have been the first letter I’d receive, but no.

      Didn’t seem fair, but given how desperate for cash our councils and government are I shouldn’t be surprised.

      I paid it, but I no longer feel bad whenever I get away with small misdemeanours.

      • +3

        I've just realised this is a way to really screw people over.

        Just pick up someone's infringement notice and dispose of it

  • +20

    Only government could concoct a scam where the 'late fee' is way more than the actual offence fee.

    • +1

      Haha, my sisters braces are worse. They will hit you with a reprocessing fee for no reason even if the money exists in the account and if by chance this happens twice you get hit with a second reprocessing fee thats twice the value of the first which is almost 150% the actual installment value along with another standard reprocessing fee.

      Miss two weeks and in my case the payment goes from $57 to $257 and at no fault of your own, reviews on the app show this happens to everyone with the same excuse from the loan company.

  • +3

    You’re not gonna get a straight answer here. Best ask Legal Aid or a Lawyer.

  • +1

    You can try this

    https://vic.finefixer.org.au/

    It came from the Fines Victoria website.

    • Love the footnote after going through the questionnaire…

      Please don’t ignore your fine.
      If you do not take action by the due date you may have to pay more or go to court.

  • +19

    I discovered the outstanding fine when I contacted Fines Victoria to inquire about any outstanding fines

    This confuses me. Why would you randomly call them?

    • +26

      Because it is a lie.
      He knew about the fine.
      He knew he had received no positive response to his appeal.
      So, he knew he had an outstanding fine.

    • -7

      Cuz I didn’t have an address to receive mails during my stay in Sri lanka and then i moved out when i came back

      • +8

        I think what Muzeeb meant is what triggered you to call Fines Victoria at all? Did you get a knock on the door by the Sheriff?

        Or is it because you already have the Parking Infringement notice in your hand and you now want to pay for it? The original amount that is ($91) and then you discovered the Sheriff said you actually owed more?

        • -8

          Because of the that i wanted to check if there was any fines

      • +7

        Cuz I didn’t have an address to receive mails during my stay in Sri lanka and then i moved out when i came back

        You did have an address, it was the one you had been staying at when the fine was incurred or the one you put on the appeal letter.

        The fact you left to go overseas, doesn't give you some 'free pass'. You could have just paid the $91 fine and moved on. As you said, you overstayed as you didn't have a permit.

      • +3

        So whilst you were in Sri Lanka caring for your hospitalised father and his challenging recovery, you were constantly moving house so that you had no fixed address? Hmmmm….

        Not sure if Vic Roads is the same, but Services NSW responded to my parking fine waiver request via email, so I was able to get their denial on my phone. I then arranged to pay it that afternoon. Taking responsibility isn't that difficult.

      • +2

        do the crime
        pay the fine

      • +5

        Lemme just chuck this on the big old pile of Yasey excuses over here

        What's the tallest mountain in Sri Lanka out of curiosity

        Cos this here pile of bulls#it is definitely taller

    • +3

      ඇහුවට ස්තුතියි. චියර්ස්.

    • Graduation required me to have no outstanding library or parking fines. Does citizenship / residency process have similar requirement?

      • +1

        Is this real? Graduation requires you have no outstanding fines with Fines Victoria? I can understand no outstanding library fines.

        • +2

          Parking fines in the respective university that they're studying in, I assume; as universities are often run more like businesses these days.

          • @DogeConomy: My uni gives it to revenue NSW to deal with lol. So they can use it to stop you from renewing your license or whatever.

            But that said the Uni does do this with library fines. They've now removed overdue ones but still require you to pay for a book if you haven't returned it. I don't have any experience with this lol just got interested and read the policy.

  • +7

    So you did it, but don't want to have to accept the consequences of that.

    Gees, just pay the fine. Accept responsibility like a grownup.

    • But they were under great psychological stress!

  • +17

    "However, I unintentionally exceeded the two-hour parking limit."
    => then PAY THE FINE

    end of thread.

    • +3

      but it wasn't intentional!!!

      • +6

        Oh in that case

        • Also, it's too much to bear

      • +2
        • unintentional over-time-complaint-handling fee of $200 applies
      • I unintentionally hit that person with my car!

    • +3

      Yeah this. If you can afford a car you can afford a 92 dollar fine sorry. My parking fines have been closer to 200 so I would've consider 92 as an easy slap on the wrist and paid it!!!

  • +2

    Has happened to me before and I managed to get all the late penalties removed because they sent it to the old address, not the correct one in Vicroads. Just had to appeal it and show that I had changed my address before the incident date. They reissued the fine with the original amount.

    • +4

      I think OP already received the original infringement notice. Point 2 of his post.

      What unknown is what he did after that. I am guessing he was under the belief that fines didn't need to be paid while he was appealing his case with City of Geelong. This is where I think he was mistaken.

      • Ah yeah, good point. Might be different in this case then. Just pay the fine.

    • OP was at that address when the fine was issued. so doesn't really apply.

    • +1

      Did you show that you had informed Vicroads of the change of address, but they still sent to wrong address?
      I expect that it would have to be their stuff-up to waive the late penalties.

      Our conveyancer gave our previous address to the council, so we didn't get a rates notice for 3 years. When they finally found us, the council wouldn't budge on the late fees.

      • +2

        Yes I did. Just showed a screenshot. Didn't have to put much effort into it, Basically just stated they screwed up and I will be taking it further if the late fees are not removed

  • TLDR/

    • +12

      Person got parking fine.
      Skipped country.
      Came back. Still has fine, but is now more expensive.
      Posted to OzB.

      • +1

        They posted the same tale of woe to reddit as well…got the same answers lol

  • +2

    OP.

    What was the reason in your appeal of the original fine?

    Items 4 - 7 can be ignored as it is not close to being relevant.

  • +2

    and the lack of communication

    How do you know they didn't send communications?

  • +3

    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.

    Anything that happened after this date doesn't impact your fine. So while you have included them as part of your 'case'. What happened months or years after the fine has zero impact on why the fine was issued in the first place.

    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.

    And they are? How long did you overstay?

    The response to this letter would have gone to the boarding house you had been at, but was promptly binned as you no longer live there as you had returned back overseas.

    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.

    Well considering you haven't been in the country, I would like to think so :)

    As you have appealed the fine wasn't revoked, there is little point in fighting it. Pay it and move on.

  • +3

    Nice effort on the post👍

    Start a gofundme or similar and I'd happily donate for the entertainment value alone.

  • +4

    Thanks for the reminder that I have a parking fine to pay.

    Although maybe I should fight it. Facts are
    * I knew it was only an hour parking before 6pm but I figured no one would check it because I pulled up at 4
    * It was a work thing so I didn’t expect to stay an hour anyway
    * I wanted to leave and thought about it, but didn’t
    * My knee is buggered up at the moment so give me sympathy in the form of not paying the fine

    What does OzB think? I should totally fight it, right?

    • Not sure if this is a serious question? 🤔

      • I think I went a little far in making it sound like a regular ozbargain post.

        I’m not sure what to add to make it clear it’s sarcasm, an ms paint job of me drinking a coffee while getting fined, asking for advise on the situation or maybe adding something about giftcards.

        I paid the fine as soon as I finished posting that. I actually had forgotten.

        • You missed the "/s" lol

        • Not far enough, please add some international travel, an ailing parent and mysteriously calling to ask if you have any fines, no reason, just asking

          • +2

            @GrueHunter: Oh yeah, I forgot I didn’t pay the ticket for 2 years because I flew to the US for 3 weeks to visit my sick father (who is also my uncle. Alabama family, ya know?)

            I actually called him the other day to get him to hack the local council system (he also works for the NSA) just to see if I had any tickets there, just on the off chance I had a ticket I totally forgot about due to my knee pain and psychological trauma of my dad having another kid who is both my niece and apparently my great grandmother.

            I attached a blood test showing that my DNA is so screwed up that I’m technically a turtle, really the government shouldn’t have given me a drivers license in the first place so they should pay the fine.

            • @freefall101:

              I attached a blood test showing that my DNA is so screwed up that I’m technically a turtle, really the government shouldn’t have given me a drivers license in the first place so they should pay the fine.

              Hahaha this is just too funny

    • +2

      I should totally fight it, right?

      You should!!! Don't forget to include the bit about the bad kebab you had 2 weeks after the fine as well.

  • Get your lawyer to help.. $$$$

  • 2 for 2 forum posts. well done

  • pay the fine or ask for payment plan to help break the payments.

  • +1

    You obviously don’t have a good history of complying with parking regulations. You can’t even own this quite obvious situation.

    Facts are that you overstayed your time in an area that required a permit exemption and you didn’t have a permit.

    Even if you did have a permit it needs to be clearly displayed and normally on the passenger side of the windshield for it to be valid. Even if you have one and it’s not attached correctly you can still receive a fine.

  • +7

    I paid $672.00 for a Chinese roast duck once. Moral of the story, look where you park! Just pay the bloody fine and overdue fees. Geez 2 years and still going on about it.

    • +1

      I once say a guy come out on a Nike store with a new pair of shoes and a $200 fine for parking in a loading zone.

      Also saw a girl on Facebook Marketplace trying to sell her scooter. She screenshotted her Service NSW account with $2500+ in parking fines for the same offence. Same fine over and over again. She was overseas of something.

  • -3

    Disclaimer: not a lawyer but have seen the court process a few times.

    Take it to court and present your appeals to the judge. Do not engage a lawyer. Offer to pay the original fine if you want as it may reflect on your attitude towards the matter.

    your attitude should basically be "I know I stuffed up and I am appealing to the court for leniency, and will politely comply with the decision of the court"

    Speak clearly and humbly.

    Best case, your charges are proven but dismissed.
    Likely case, judge asks you to pay original fine only, maybe some costs but likely to be less than $214
    Worst case, the sky's the limit if you mouth off and are aggressive. But that's in your hands!

    Let us know how you go.

    • +6

      Take it to court and present your appeals to the judge.

      Please don't encourage people to waste the court's time with cases like this when they clearly did the wrong thing.

      appealing to the court for leniency

      Everything after point 2 happened after the fine was incurred, and the OP already has put in an appeal, which wasn't accepted. So whatever reasons they had for overstaying wasn't valid. They admitted to overstaying, just think they shouldn't be paying the fine.

      • +3

        They appealed for leniency, and ended up having to pay more. There is nothing wrong with appealing for leniency. They are simply disputing the late fee. Nothing wrong with that under the circumstances. If I had to pay $214 or go to court, I would just pay the $. Its not a big deal for me. Sounds like its not a big deal for you either, but it seems like it is a lot of money for the OP, so I understand them wanting to appeal it. This isn't wasting the court's time. This is one of the reasons lower courts exist.

        • They appealed for leniency, and ended up having to pay more

          They wouldn't have had to pay more if they collected their mail.

          When you appeal, the fine is put on hold. Once they respond, the fine is either waived or reinstated and you have the standard terms to pay starting from that date. Which the OP didn't pay as they failed to collect their mail, so the late fees have been added as the OP missed the new deadline to pay.

          They are simply disputing the late fee. Nothing wrong with that under the circumstances

          See above, the late fees are their own doing.

          but it seems like it is a lot of money for the OP, so I understand them wanting to appeal it. This isn't wasting the court's time. This is one of the reasons lower courts exist.

          Totally wasting the courts time if you have done the crime but just don't want to pay the fine as this is the case here. Ignorance of not knowing about the 2 hour parking limit or not having a permit isn't a valid reason.

          I'm totally ok with going court, but when the OP said they overstayed, they appealed with the reason why (yet to be disclosed to us), and was rejected, I fail to see what going to court will change.

          Rocking up and saying I hadn't gotten around to arranging a permit or I didn't know I couldn't park there for 2 hours isn't going to cut it.

      • Money's tight.
        Cost of living bites.
        Gotta go might

        • All reasons not to waste the courts time and to have paid the $91 fine in the first place.

    • I think people really underestimate how lenient courts are. I watched a few cases when I was in high school and expected the process to be a lot harsher than it was. If you're polite and respectful it seems to go a long way. Just my opinion on it.

  • Upon receiving the parking infringement notice

    This is all that matters - you acknowledge you received the fine, and have no valid grounds to challenge it. Everything after that doesn't matter as it is all a side effect of not addressing the original fine on time. (Sending an appeal and then forgetting about it isn't a really addressing it).

    It's a tough pill to swallow but expecting empathy to be factored into how fines are issued would result in very few people would actually ever be fined.

  • +2

    Sorry brother. As much as I have parking fines and the low-lifes that leave them for a living. You knew about the fine, didn't pay it, and the penalised you for it. They are not going to care about the circumstances. They are going to uphold it. You will just be burning more of your time fighting it and likely getting another increased fine for drawing it out further. If you push it too far you will get a court summons and that can screw you for much longer and further down the line.

    I would just pay it and move on and not let fine vic live rent free in my mind.

    • I think low-life’s is a bit cruel. They are following the rules, the people parking aren’t.

      Although I wish that instead of focusing on parking fines, they focus on people who litter.

      They would make 10x the money from just smokers alone.

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