I received a traffic infringement notice in NSW. The notice only states the wording of the alleged offence. It fails to state the Act allegedly breached and what section. Revenue NSW and the issuing authority state the infringement notice is a valid notice. I cannot understand how I am to contest a infringement that I cannot look up in any act. (I don't know what Act) The most recent correspondence says that the penalty notice unambiguously "specifies the offence in terms and of the offence provision" and basically says that I can look this up. But how do I look this up if I don't know the act? I thought a penalty notice had to have all of this information on it to be valid. I am 2 years down the track now and they are still threatening enforcement action. What statute/act in NSW states what needs to be included on a penalty notice? Also, how do I take the issuing authority to court now? I would like this sorted as I haven't had the option to take this to court as they have refused my court election.
Typically a court-election is refused because the person is out of time.
Start by making a call to Law Access.
They may be able to look up the SEINS code for the offence,
and from there, point you to the relevant section.
In the alternative, take yourself to a Community Legal Centre for some advice.
As with most traffic offences, you probably have nothing.
Typically, people cannot produce evidence that effectively challenges, say, a speed camera, or a radar gun, or a breathalyser.
And even if you could get to court, resentment, strong beliefs, and butthurt,
are not exculpatory evidence.
Pay the fine and move on with your life.
Start by making a call to Law Access.
They may be able to look up the SEINS code for the offence,
and from there, point you to the relevant section.
In the alternative, take yourself to a Community Legal Centre for some advice.
As with most traffic offences, you probably have nothing.
Typically, people cannot produce evidence that effectively challenges, say, a speed camera, or a radar gun, or a breathalyser.
And even if you could get to court, resentment, strong beliefs, and butthurt,
are not exculpatory evidence.
Pay the fine and move on with your life.
Thankyou for your reply, but your advice of paying the fine and to move on with my life is of little assistance. I don't believe that I should have to 'google' search or contact law access to understand what my fine relates to. I haven't detailed the exact circumstances of why I received the penalty notice for privacy and my reasons for wanting to contest this have little to do with resentment or butthurt as you say. I would like to know what essential elements are required to be included on an penalty notice?
You'd expect the SEINS code for the offence, and the date, time, and location.
There may be differences in details between hand written and electronic notices.
It is settled law that a hand written notice is almost never fatally flawed by being incomplete.
What's the code on the infringement?
There is no details or SEINS code for the offence other than a very short description. There is no act/legislation either. That is why I cannot look up the details of the alleged offence. eg details of the maximum penalty if it goes to court, what the normal penalty amount is etc. How can someone contest a fine that they do not understand? Is it a requirement for them to have the actual offence code/ act on the penalty notice?
By following the court-election directions on the back of the ticket (inclusing the time limit), and arguing in court that the infringement should be dismissed for lack of specificity?
That's pretty much why those fields are there.
They refused my court election despite me stating the infringement was missing essential information. Where do i go from here?
no time frame to apply for court election was mentioned on the infringement notice. I was unaware that there was a time limit until they refused my court election. Their statute of limitations to pursue this matter in court has expired and they have still refused to provide evidence of their claim. What are my options to pursue this further? I refuse to accept that there are no options as that gives the issuing authority all the power to issue unlawful infringement notices without recourse.
In NSW, it's on the back.
I can't help with you not reading the Notice.
For that, you'll need formal, case specific legal advice.
Time to book an appointment with a specialist traffic lawyer.
Have you been here?
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