Touched on Myki, Shows in Travel History, but Got Fined Because It "Wasn't Touched on"

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.

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Comments

  • +19

    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.

    • +4

      Yep, you now have written proof you touched on. Respond to the fine with a brief explanation, attach copy. Done.

      I would top up that particular Myki so it's no longer in negative.

      • Thanks, I was pretty panicked and definitely over thinking it.
        Especially about the CCTV thing haha.
        Topping up that myki to positive is a good tip!

  • This should be evidence enough?
    "The station staff prints out a receipt, which states that I touched on at 12.24pm today."
    It is a card in your possession and it proves your history. I think the officers that took your details are perhaps over zealous?
    Expecting them to check CCTV is a pretty remote likelihood.
    Should you be proactive in resolving it? I don't know…Would an affidavit made before a JP help?
    I am sure you checked out the PTO website: http://www.ptovic.com.au/need-advice/myki-complaints

    • Thanks, hearing that helps put my worries to rest.
      You and the others are right about the CCTV haha, $238 just seemed like a huge amount for a (in my view) baseless accusation.
      I guess I want to do as much as possible on my side so I can get a solid reply to the fine letter without any more back-forth and dragging.

  • -5

    This is scary though…

    Man the myki system is crap. I'd be suing for compensation if I were you - they wasted your time because of a crap system - how many others has this happened to?

  • +7

    my own recent story of a decent ticket inspector. 2 weeks ago I finished work and was catching the 4:48 from Roma Street station. It's pretty busy at that time of afternoon. I got in to one of the lines for the ticket gates. followed the person in front of me and touched my GO card to the machine and held it there for 2 or 3 seconds (what I always do) and the gates were open and I walked through. 10 minutes later I was on the train and ticket inspectors were checking Go cards. the inspector checked mine, the inspector asked where I got on. I explained that I always get the 4:48. the inspector checked my ticket/travel history and could see the tap on times in the afternoon were all around the 4:45 mark. the inspector explained that I should give a slightly larger gap between myself and the person in front at the ticket gates as the gates sometimes just stay open. the inspector then quietly said that I shouldn't tap off at the end and to enjoy my journey.

    It was sort of nice to be given a fair go and not be treated like a criminal.

    • Thanks for sharing, I'm glad they were open to these kinds of errors, and just overall encouraging to hear of more human PTOs haha. I'm wondering if the gap thing was the problem for me too (although it still showed in the travel history, weird).

  • You can check your Myki history here
    You'll have to register the number then after that, it will give you a history of where you touched on and off at what time exactly, this can be used as evidence that you indeed did touch on at Dandenong.

    • Oh, thank you for that!
      It's likely best I my myki registered from now on.

  • Many PTOs jump at any chance they get to dish out a fine, to the point of being devoid of logic. If you have the evidence, you should definitely appeal it

    • Thanks, I'll definitely appeal, now just to wait for the notice to come in the mail..
      I do understand it's their job, and catching fare evaders saves the taxpayers money, but I am a bit bummed that it's really up to us to invest time into clearing up fines they effortlessly hand out.

  • I'd imagine that as long as your myki history shows you tapped on prior to the time printed on the fine then you are sweet. I've never been in this situation but imagine if the inspectors are checking your myki card they 'tap (it) on' to stop you getting fined again and to allow you out when you reach your destination? idk though, just guessing

    • I do hope so!
      Ah no, instead they gave me a piece of paper that would allow me to talk to the station staff at the barrier and let me through.

  • +1

    I wouldn't worry about it now. The AOs will fill in a report and if an infringement comes from the Department just do an internal review then. Nothing you can do until the fine comes.

    The internal review page you linked recently changed after a few scathing reviews (both from the Government and the Ombudsman).

    It is now 'easier'. I don't know anyone who can provide the evidence they are asking for and don't go worrying about chasing up CCTV footage etc.

    Just put your story clearly and provide the evidence of the touched on MYKI (the print out). You should be fine.

    • Ohh I didn't know about the changes, I'm glad to hear that.
      Thanks man, will do.

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