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Traffic Littering Offence
Topic: Traffic Littering Offence
Posted: 05/August/2018 at 12:10
Hi folks, on behalf of my son, I have a query re the above subject!
He has just received an Overdue Account Reminder from the Qld State Penalties Enforcement Registry alleging that a littering offence reported by a citizen way back in May 2013 is overdue for payment and threatens all sorts of penalties such as loss of drivers licence, garnisheeing of wages, sale of property, 50 lashes at dawn, dog impoundment and other horrible stuff!
He left Qld in 2012 to live in NSW though he does return back here each year by vehicle.
He no longer has a Qld drivers Licence, only a NSW one.
His residence during his stay in Qld was at our address where we have been for some 30+ years, any subsequent mail for him we either opened or redirected to his NSW address as appropriate.
The above Reminder Notice - served to this address - is irrefutably the first we have ever received and there is no doubt that any reminder notices for the years 2014/5/6/7 were never sent as we would have a) advised him immediately and b) forwarded them on to him for attention.
The Qld WRA Act 0f 2011 permits a citizen to lodge an online littering offence and there does not appear to be any requirement for the said Government Department to immediately advise the alleged offender of same? Simply cop it and pay up!
I/We are somewhat intrigued why the above Infringement Notice is the only correspondence ever received from 2013 until now?
I did try using the sites Facebook Page to send a message querying the above but typically no response!
This is the link to the online reporting form:
I guess the crux of my stance on this is the various Department(s) should surely provide evidence of the original and subsequent reminder notices as having been sent and most definitely permit the alleged Offender to offer some sort of defence?
Typically with any Govt body, this simply won't happen although I am more than happy to go down the FOI path to ascertain full details of the Complainant and copies (if any) of the said reminder notices.
I'm not sure if I have supplied you folk with enough info here but I am certainly querying if after this lengthy period during which there was never any written communications whatsoever, the Department has any authority to commence recovery procedures, cancel a NSW Drivers Licence or if this amount of some $275.00 is simply too small to take any of the threats on the Notice itself? They have also threatened an additional fee of $114.00 for late payment!
The Lawyer in me would dearly love to take something like this to court as there appear to be unlimited factors that could/should be taken into account in order to dispute the credibility of the Complainant!
Visibility at the time, accurate description of the litter supposedly ejected from the car, vehicle(s) speed/proximity at the time, eyesight requirements of Complainant (glasses),
proximity of other vehicles, which window was the litter thrown from, environmental conditions such as sunlight, haze, glare, to name but a few!
So, in summary, should (he/me) simply ignore this Notice - probably not wise - or take another recommended course of action?
I can't see anywhere I can attach a copy of the Infringement Notice for your info ……?
|Quote Reply Posted: 06/August/2018 at 00:37|
He should not ignore the notice, the added costs could cripple him.
There have been cases of malicious littering complaints by members of the public, recently the owner of a trucking firm beat one of these charges from years ago when it was alleged that one of his drivers threw a cigarette butt from the window of one of the owners trucks.
The chap went to court to fight the charge, he was able to prove who the driver was and prove that the man did not smoke. It took a top lawyer and many witnesses, he escaped the fine but his costs exceeded $1000. It also lost him time from his business.
If your son did what was alleged it may save a lot of stress by paying up now. If he didn't and is able to prove it, he can go to court, but it may cost more to successfully defend the action.
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