Our office is contacted on an almost daily basis in relation to Fines Victoria matters. Usually, we are contacted when the fines have progressed to the process of penalty notice or sanction and the client has been contacted in relation to the outstanding fines (which have usually incurred so many penalties that the cost has exploded!).
In the last few years, all fines or infringements imposed by toll ways, police, courts, counsels or other government bodies are managed and prosecuted by Fines Victoria. Infringements can be issued for a number of contraventions, including driving on a tollway without an account, low level speeding fines, red light tickets, parking tickets.
Understanding How Fines Victoria Issues Infringement Notices
When you first receive a fine, you may be issued with an infringement notice that is sent to your address. Many individuals overlook infringement notices because they do not update their address with VicRoads when they move premises. However, the failure to do so is not an excuse and it is important that you keep on top of your life admin to avoid infringements being overlooked.
Infringement and Penalty Reminder Notices from Fines Victoria
If you do receive an infringement notice and you do not pay it within 21 days, you will receive a penalty reminder notice and a fee will be added to the infringement amount. The penalty reminder notice provides you with an opportunity to nominate the responsible driver (if the matter relates to a driving or tollway offence), request a review (if you believe a fine has been incorrectly issues or there is a valid reason why the fine should be withdrawn), or to pay the amount without the fine escalating any further.
Examples of valid reasons are:
- You only recently found out about the fine through the post due to, for example, travel or a recent relocation.
- You are the victim of family violence and the fines were improperly put in your name when you were not the offender.
- You suffer from significant medical or psychiatric conditions and, accordingly, you have a valid excuse for why the fines were not dealt with more quickly.
- Your mail was stolen and you did not receive the original fines.
- You were subjected to an intervention order and were not present in the home as a result, so you did not receive the fines
If you do not pay nor appropriately handle the penalty reminder notice, a notice of final demand will be issued. This notice will impose a further fee of over $150 and gives you notice that enforcement action will be taken against you within 21 days of the notice. If you have received a notice of final demand, this escalates the infringement to a point where your vehicle might be clamped, your driver’s licence suspended or a deduction made from your wage or bank account.
Fines Victoria Enforcement Warrants and Serious Consequences
Finally, if the matter proceeds to an enforcement warrant, you are almost at the end of the line with your matter. By this point, your total fine will be over $240 and the sheriff’s office will be given the power to seize property, clamp your car, detain or sell your vehicle or remove your number plate. This also involves the Magistrates’ Court of Victoria, who will issue the warrant. You should also be aware that, in the event that the Enforcement Warrants are not complied with, there is a risk that you might be forced to repay the infringement amounts in community service and (in extreme cases) prison time.
In our experience, most fines matters escalate to the point of being serious and very costly because people bury their heads in the sand thinking that the matters will go away. Frequently, we are approached by individuals who expect us (when their infringements are well advanced to the final stages) to wave a magic wand and have the fines reduced or removed. In some circumstances, we can assist to a significant extent but we really are reliant on being able to present a compelling case on behalf of our client.
How to Check Your Outstanding Fines with Fines Victoria
In fines matters, it is better to get across your situation as soon as possible. If you believe that you may have outstanding fines, you should go to Fines Victoria and search for infringements in your name. If you visit https://online.fines.vic.gov.au, you can enter an obligation or reference number from one of your infringements. Once you are logged in, you will be able to see all of the infringements outstanding against you and the stage that they are at. You should then examine whether it is possible that there is a basis to have the infringements reviewed or withdrawn. Alternatively, there are options for entering into payment plan arrangements. However, please be warned – you must comply with your payment plan. If you do not, it can be cancelled and the entirety of the outstanding infringements due and payable.
If you are a company, and you have incurred infringements, you should ensure that you keep proper records of which member of your team may have been driving your work vehicles. If they incur speeding fines or tollway offences, you can have the infringement transferred into their name, by having a copy of the driver’s licence. You should never allow an employee to drive a work vehicle unless you keep a log book and you have copied all of their driver’s licences.
Get Professional Help with Fines Victoria Matters
As with all criminal and disciplinary matters, each case depends on its own facts. If you are confronted with a complex fines matter, please contact our office to arrange a fixed fee and obligation free initial client consultation with one of our criminal lawyers. Our team specializes in a wide range of areas of criminal law. Just remember, fines matters do not go away, they just accumulate! So get on to them early and, if you need assistance, get proper advice.
