Notice of Final Demand, can't nominate driver or contest at court $3000 fine

CalmLemons on 28/02/2020 - 11:22

Red light fine company car in Jan 2019.
Fine by default is $3000 as in company name whereas nomination in individual would only be $300.
The nomination was received late, gone to Notice of Final Demand.

Now apparently cannot even contest fine at magistrates court once it goes to Notice of Final Demand stage.

Sent a review request back in April 2019 and they only got back to us in end of Feb 2020.

We just want to nominate a person instead of paying 10x the amount and can't do so as application was 1 week late…where it takes 10 months for them to get back to us, hypocrisy much?

The issue is once the fine has gone to fines victoria and goes to notice of final demand you can't do anything about it.

Any way around this?

Automotive

Comments

  • 87percent on 28/02/2020 - 11:36
    +5

    once the fine has gone to fines victoria and goes to notice of final demand you can't do anything about it.

  • EightImmortals on 28/02/2020 - 11:52
    -5

    "The issue is once the fine has gone to fines victoria and goes to notice of final demand you can't do anything about it.

    Any way around this?"

    Find a country to live in that isn't a 2-party legislative dictatorship? (Sorry, I have no other answers..or talk to a solicitor?)

  • Hithere on 28/02/2020 - 12:03

    Any way around this?

    Obvious thing to do would be consult a Lawyer.

    • kahn on 28/02/2020 - 12:17
      +5

      I've just come up with a great business idea - Popcorn for Lawyers.

  • [Deactivated] on 28/02/2020 - 12:14
    +5

    I'll give you the same advise my lawyers gave me, "unless you are fighting this on principle, just pay up. Principles are expensive."

    Mine wasn't an offence but for rates but the issue was solely clerical. I still paid for their ineptness.

    • elgrande on 28/02/2020 - 13:46

      Was that ineptness due to a temp admin backfilling an employee who just took 4 weeks leave by any chance?

      If so, I now can understand your frustration.

      • [Deactivated] on 28/02/2020 - 14:22
        +1

        Nope. It is just systemic and systematic failure of local government.

        • elgrande on 28/02/2020 - 15:09

          Not my neg btw.

  • pjetson on 28/02/2020 - 12:20

    Is it possible to use VCAT over something like this?

    • CalmLemons on 28/02/2020 - 12:21
      +1

      They already black and white said no chance at magistrates so doubt we would have any resource at VCAT (which I imagine sits below magistrates)

    • Typical16-bitEnjoyer on 28/02/2020 - 16:15
      +1

      VCAT do not have jurisdiction.

  • donbot on 28/02/2020 - 12:28
    +1

    We had something similar happen at work. Posted in the nomination on time but they never received/processed it and then bang - couldn't do anything supposedly but pay the fine. Unsure if it went to final demand, but I recall it being a looooooong time between nomination and next notice being received.

    Took it to mags court, showed evidence we supplied it on time and they reversed it to allow nomination.

    Since that point, all nominations are done electronically to avoid same issue arising.

  • JimmyF on 28/02/2020 - 12:34

    Sent a review request back in April 2019

    We just want to nominate a person instead of paying 10x the amount

    Well your window to nominate someone else was back before you started the 'review' process as a 'company'.

    Any way around this?

    You missed the boat, lesson learnt for next time. Nominate the driver and then do a review.

  • ssquid on 28/02/2020 - 12:34
    +2

    Can't spend a few minutes waiting for a green light but waited a week too long to nominate someone… pay up.

  • Cheeper on 28/02/2020 - 12:48
    +2

    "Any way around this?"
    Not now.
    Red light racing is an expensive business, either in fines or a serious accident affecting other road users.
    All you can do is learn the lesson.

    • orangetrain on 28/02/2020 - 14:20
      -1

      Penalty is for red light. It could be the driver was 0.1s too slow to beat yellow or it could be someone went through after 15 seconds of red.

      • Cheeper on 29/02/2020 - 01:11

        ??? He drove through a red light and is not denying it.
        He is looking for a way to pay the initial fine and not the 10x alternative.

  • Porker on 28/02/2020 - 14:55
    +2

    Fine was issued in Jan 2019 and you waited to April 2019 to reply, and even then, it was week past due date. Why would you sit on such a big fine for so long?

    I had the same thing happen to me and my work policy is for me to get the nomination in quick pronto or I'll have to pay the $3000 fine. Needless to say, the nomination form was completed on the day I received it, then submitted and later double-checked that it was received.

    Your one week past final date is not relevant to their 10 months getting back to you with the Final Demand. In fact, it appears they gave you 3 months to respond to them. I assume the relevant dates would have been clearly printed on the paperwork you would've had.

    Unfortunately this might have to be put down as a very costly learning lesson for you.

  • Typical16-bitEnjoyer on 28/02/2020 - 16:13
    +1

    Ignore most of the advice you're receiving here.

    You CAN do something about it.

    Unfortunately that means going to Court. You have no guarantees of success. I highly suggest you do not do this unless you've spoken to a lawyer. Find a firm that will give you an initial consult free.

    If they delay is in any slight way shape or form your fault, ie. moving address, different email address, then I suggest you consider just paying up.

    • canyoudoitcheaper on 28/02/2020 - 17:25
      +1

      Lawyers will not give “free” advice. The initial consult, if free, is for you to explain the circumstances so the firm can decide if it wants to take the case.

      • Typical16-bitEnjoyer on 28/02/2020 - 18:37
        +1

        Incorrect.

        A lot of small to mid tier firms are happy to provide basic advice in terms of the key issues or obstacles, potential paths to get to the desired outcome, and whether you have any chance or are wasting your time.

  • chumlee on 28/02/2020 - 16:26

    This exact question was covered on ABC Melbourne radio on Tuesday as part of the free legal talkback.

    Listed to it online if you like (1hr 30 min in), but answer was you can't do anything about it now as time to action it has passed

    • Typical16-bitEnjoyer on 28/02/2020 - 18:38
      +1

      Who was giving the advice? Because they are wrong. Magistrates' Court.

      • chumlee on 28/02/2020 - 19:46
        +3

        A better lawyer than you

        • Typical16-bitEnjoyer on 02/03/2020 - 12:18

          Perhaps.

          But that unnamed radio person is still wrong :)

    • jonkvh on 29/02/2020 - 14:36
      +2

      I'd be very wary of radio station advice. I took ABC legal eagle radio advice 4 years ago, and it was completely wrong.

      • chumlee on 29/02/2020 - 17:25

        Of course you need to be wary. A lawyer can't give you his/her best advice in 3 minutes without knowing all the facts

  • MontyMacaw on 29/02/2020 - 08:25

    Horse has bolted. Learn from it. Unless you can argue you never received their notification you are at fault. They deal with “excuses” every day and have heard them all just like the ATO. Oh and saying you just want to nominate somebody to lower the cost will NEVER help your case only hurt it.

  • SpunCarRentals on 27/08/2023 - 07:55

    We had racked up $150,000 in fines from Fine Victoria related to guests renting cars from us on Car Sharing Platforms. We submitted the details but some nominations fail and they don’t tell us why, just try again, or just told overseas drivers nominations are often rejected, or even asking for proof they were in the country, visas, utility bills, things that take a long time to track down, if the guest is even willing to respond or provide,

    Can you help in Victoria or have someone here you can refer me to ?

    • billadm on 08/09/2023 - 12:12

      guests renting cars from us on Car Sharing Platforms

      It's not clear how you rent the cars but the common practice is you must have a copy of driver's licence/ID and residential address.

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