Welcome to Just Commodores, a site specifically designed for all people who share the same passion as yourself.

New Posts Contact us

Just Commodores Forum Community

It takes just a moment to join our fantastic community

Register

[VIC] Wrong address on fine

Status
Not open for further replies.

havavb

New Member
Joined
Feb 12, 2010
Messages
411
Reaction score
0
Points
0
Location
Melbourne
Members Ride
VY S Ute
The other week I was pulled over on my way home from a friends, long story short the cop was an asshole defected my car for unrwc tyres, but on the infringement notice he put the address where I was interceptered and not my home address. Can I fight this or night? If so how and where. This isn't the first te it's happened. The first time they were sending notices for me to another address I'd never been to, luckily for me it was a family members friend so the whole country didnt known business. I just want to know if I can fight this, it's quite pathetic he can't do his job properly.
 

rambunctious

Well-Known Member
Joined
Jun 9, 2011
Messages
2,383
Reaction score
2,304
Points
113
Location
Alexandra Headland Qld
Members Ride
VZ Executive Wagon
See a Solicitor.
Some years ago I flustered a young Copper to the extent he put one date at the top of the ticket and the next day's date on the bottom.
Got my Solicitor to send the Police a letter stating the Officer didn't know what date it was, so how could he be sure I went through a red light.
I also stated I had photos of the intersection and of the Police vehicle, and, where the officers were parked, they would not have been able to see the colour of the lights on my side of the road.
Some months later I got a letter saying they were dropping the fine.
However I do know that here in Qld they now have 12 months in which they can correct any mistakes on the ticket.
If your car was defective then wear the fine because it will more than the fine to engage a Solicitor.
 

Troy711

Retired Old Fart
Joined
Dec 13, 2003
Messages
7,692
Reaction score
167
Points
63
Location
Canberra, ACT
Website
forums.justcommodores.com.au
Members Ride
2011 Mitsubishi Pajero GLS
If your tyres were bald they were bald. Can't fight that. Also regardless of if the address was wrong or right they would have your rego and license number so they know who was driving what car.

Cough up.
 

uniacidz

Harden the Frak Up
Joined
Dec 13, 2011
Messages
2,267
Reaction score
181
Points
63
Location
Sideneee
Members Ride
VE Berlina
I had an accident my fault and was told at the time i would not be charged for negligent driving.

A week later I received a fine and was incorrectly filled

Legal advice told me that regardless of incorrectly filled paperwork, the fine still is valid

Only way to contest is court and only exceptional circumstances

To your case, i would recommend seeing legal advice if you feel like there is something worth fighting for.




Sent from my HTC Aria using Tapatalk II
 

wraith

Hand over the dog bikkies
Joined
Sep 17, 2008
Messages
5,014
Reaction score
117
Points
63
Location
Demonicaland
Members Ride
VX V6 Berlina. 2003 VW Passat
So what I get out of your post OP. You got caught with a car that was defectable. Your now bitching because you got caught and blaming every thing else besides your self. Hoping to get out of it because an address was wrong. Am I close?
 

hakhawk

smooth moderator
Staff member
Joined
Jan 18, 2005
Messages
6,337
Reaction score
128
Points
63
Age
38
Members Ride
BMW E21 320i, E36 "318IS" coupe
The other week I was pulled over on my way home from a friends, long story short the cop was an asshole defected my car for unrwc tyres, but on the infringement notice he put the address where I was interceptered and not my home address. Can I fight this or night? If so how and where. This isn't the first te it's happened. The first time they were sending notices for me to another address I'd never been to, luckily for me it was a family members friend so the whole country didnt known business. I just want to know if I can fight this, it's quite pathetic he can't do his job properly.

is it a minor or major defect?

so what address did he put at the top of the sheet? same one?
 

HamaTime™

VIP Member
Joined
Feb 17, 2008
Messages
1,807
Reaction score
61
Points
48
Location
Melbourne
Members Ride
C Class AMG
So what I get out of your post OP. You got caught with a car that was defectable. Your now bitching because you got caught and blaming every thing else besides your self. Hoping to get out of it because an address was wrong. Am I close?

Regardless of whether or not the OP is in the wrong, bald tyres are defectable and unroadworthy, however I have seen cars defected with tyres well above their wear markers because the cop was spiteful.

Long story short OP, you do have a chance at arguing technicalities etc etc and yes there are supporting precedents to support you AFAIK. However, bare in mind that you will get nothing but **** from a public forum such as this where people will jump on the politically correct bandwagon and shove a spoon full of sheep's opinions in your face.

If you want to fight it, go fight it, but I suggest consulting a solicitor about the best way to do it.

Whether or not you are actually in the wrong and deserve it is your concern and I leave the ethical side of this decision to you.
 

Smitty

Moderator
Joined
Oct 21, 2003
Messages
2,445
Reaction score
1,644
Points
113
Location
Bayside Melbourne
Members Ride
GenF SV340 R8 Tourer, VK race car, ZX12R
The other week I was pulled over on my way home from a friends, long story short the cop was an asshole defected my car for unrwc tyres, but on the infringement notice he put the address where I was interceptered and not my home address. Can I fight this or night? If so how and where. This isn't the first te it's happened. The first time they were sending notices for me to another address I'd never been to, luckily for me it was a family members friend so the whole country didnt known business. I just want to know if I can fight this, it's quite pathetic he can't do his job properly.

its been found in the Vic courts that a copper (or parking officer or council officer) can put something/anything wrong on an infringement notice they like
wrong date wrong place ..provided they have ONLY ONE detail correct that identifies you and the offence...so can be just your name and all else wrong
or just the car rego and the wrong day. and plus here, VicPol have the option of withdrawing the infringement notice and issuing a new one
if THEY believe there is something wrong with the original....

I would get the car fixed and cop the fine.....
 

havavb

New Member
Joined
Feb 12, 2010
Messages
411
Reaction score
0
Points
0
Location
Melbourne
Members Ride
VY S Ute
The back were just above bald, the front were above indicators, so I had to waste money getting an extra 2 unneeded tyres, he also would've drove off with my licence if I didn't shout out to him, he tried to get me for speeding (which I wasn't) personally think he was having a bad night, as I was in every way cooperative, didn't give him any indication of attitude, had me there for a good 35/40minutes 2 other patrol cars showed up, surely they have more important matters to deal with then 2 bald tyres. The police force is a joke if you ask me, and the fact that an infringement is allocated with a defect is a joke. What about the photo of the cop on their mobile phone getting around? So much for setting an example
 
Status
Not open for further replies.
Top