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10yr Old Speeding Fine

thedriver

By thedriver,
in General Automotive Discussion

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thedriver Community Regular

thedriver

Posted
Posted

I have a 10 year old speeding fine the SDRO are asking me to pay which I believe I have already paid. This is the first time I have heard about the matter in nine years. The fine is for more than $1400 and I am loathe to pay this again.

The SDRO are stating the I have only two options; Pay the fine or Prove payment.

Obviously, I have not kept a receipt from 10 years ago. And my bank can't provide me any records older than seven years (their legal requirement).

It looks like I will have to see a magistrate and take them to court in a civil respect to have the outstanding amount overturned.

So, does any one know of any options, legal definitions or advice that I may be able to use in court against the SDRO to invalidate a 10 year old fine?

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https://www.sau.com.au/forums/topic/251763-10yr-old-speeding-fine/
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Bliksem Veteran

Bliksem

Posted
Posted (edited)

What is happening to this country... Make a phone call to a solicitor and see if you have a case. Goodluck, will be following this thread.

Edit: Should your licence have been cancelled for not paying it anyway?

Edited by MintR33
thedriver Community Regular

thedriver

Posted
  • Author
Posted
just let it go

More than $1400. And unfortunately I can't let it go. I have been dealing with them over the phone and via mail (annulment orders etc) and just today they have cancelled my ability to do any business with the NSW RTA. If I continue to let it go, they will cancel my ability to drive in NSW and then I believe they can impose a prison term.

I have just spoken with the NSW Ombudsman and they have advised me to write letters to the Director of the SDR and the Chief Comissions of State Revenue asking it be overturned due to extreme circumstances (being that it over 10 years old). Will see how that goes, but I'm not confident.

If anyone has any further advice they can offer I would be most grateful.

Thanks.

Johnny Veteran

Johnny

Posted
Posted

Hey man, im so sorry to hear bout this it must have come as quite a shock.

please look in your local paper, the free one that comes in the mail; i believe i saw an add for a specialist lawyer who deals with traffic offences and offers free consult to see if you have a case.

10 years is pathetic as we all know that the carbon paper they use for receits fade over a period of months, they dont last years unless you zip lock bag them...

I now have a new found respect to keep the bloody parking ticket receits even a year after ive paid.

EliseViv Enthusiast

EliseViv

Posted
Posted

Get a solicitor, there are VERY explicit rules about records that you need to keep over 7 years, and invoice/reciptds is definately not one of them. You can say I paid, and thats the end of that. Unless they have been reminding you constantly over the last ten years, they will be laughed out of court!

And then there is the "Statute of Limitations", which also sets out the time it takes to pursue you. Muder and Rape are indefinate, but the more trivial issues have pretty short lifetimes.

This is a case of an overzealous junior clerk, (likely with a BS title of "Senior consultant, Fines Enforcement and Collection"), so once you go over their head with a solicitor the case will be dropped.

GL with it,

Brett

RusH_ Veteran

RusH_

Posted
Posted

that is crazy shit man, i wonder how many ppl they have hit up for fines that they have already paid, no doubt they would expect that after 10 years said offender would have thrown out their receipts etc, leaving them with out a way to prove that they paid the fine. what a scam, good luck with the case dude

thedriver Community Regular

thedriver

Posted
  • Author
Posted

My girlfriend also suggested ACA or TT... not sure if I want to be on one of those shows though. They are so senationalist and who knows how long it would take before they even consider doing a show on it.

A solicitor is going to cost me $800 for a day in court. That's certainly less than what I'm being forced to pay by the SDRO.

I have spoken to some legal aid people and a solicitor that specialises in traffic fines but no one really seems to know too much. I also spoke to the NSW Ombudsman. The best options I've heard thus far are to:

Write a letter to Director of SDRO claiming unsual circumstances

Write a letter to Chief Commisions of State Revenue claiming the same

Write to SDRO asking the enforcement order be put aside and for the infringment matter to be heard in court. Then in court plead not guilty to the offence, assuming the prosecution will not be able to locate the police officer from 10 years ago and therefore will not be able to provide any evidence.

I think I'm going to go with the first two options first up and see how I fair.

that is crazy shit man, i wonder how many ppl they have hit up for fines that they have already paid

I know. What's to stop them from bringing up every fine over 10 years old and sending out letters for payment? I bet 99% of the people wouldn't be able to prove they paid it. Good way to raise massive amounts of revenue.

a20089 Veteran

a20089

Posted
Posted
I also spoke to the NSW Ombudsman. The best options I've heard thus far are to:

Write a letter to Director of SDRO claiming unsual circumstances

Write a letter to Chief Commisions of State Revenue claiming the same

Write to SDRO asking the enforcement order be put aside and for the infringment matter to be heard in court. Then in court plead not guilty to the offence, assuming the prosecution will not be able to locate the police officer from 10 years ago and therefore will not be able to provide any evidence.

Letters are your friends and sometimes polies. I've written to some when the need arose and the matter has been cleared up in no time.

Adriano Grand Master

Adriano

Posted
Posted

Are you absolutely certain that the bank doesn't have the records, as im pretty sure they keep them for more than the required 7 years. If you are going to get a solicitor, you may not need him to go to court, just send a few letters with an official letterhead and see what happens.

AD4M Proficient

AD4M

Posted
Posted

pretty sure if you win the case in court your lawyer would also beable to ask for compensation from the state for costs (your time off work, his fee's and so on) thats what I was told when i was fighting a traffic matter by my lawyer.

7 years seems to be a set date for alot of things with financial records/tax records? so that should be a strong foot for yourself to stand on in court.

going to be interesting to see how this goes. I hope your succesful fighting it

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