Hi, somebody borrowed my car last year and parked it in a limited time zone in Perth City, he was fined by Perth City parking inspectors but never told me. The City of Perth sent me a couple of infringement notices at my address which I never received on time because we were in Europe. After returning from Europe, I found those letters and also received a demand notice from the Fines and Enforcement registry. I contacted City of Perth and provided the driver details who was responsible for the infringement But City of Perth advised me to either pay or elect to go to court and rejected my appeal saying that under s9.13(6) of the Local Government Act 1995, once an infringement is lodged at Fines and Enforcement Registry on the name of vehicle owner's name, they are deemed to have committed the offence. City of Perth also said that I was given the chance to nominate the driver and rejected my statement that I was overseas when they sent me 2 letters and said " while you may have been overseas when the notices were posted, however your lawful obligations in Australia do not go on hold to await your return, therefore, it is in our best interest to have someone monitor our letterbox whenever we are away. I explained that our neighbor was monitoring our letterbox and collecting the mail but was not opening and reading my mails and if I am collecting someone's letterbox while they're away I should not open someone's personal letters for privacy reasons. What a pathetic reply from the City of Perth. Then I contacted the person who initially is responsible for parking my car in limited time zone who then contacted City of Perth admitting that he was the person incharge/driver of the vehicle at the time of infringement was issued and requested to issue the infringement to him but City of Perth rejected that saying the same thing they told me. The person who borrowed my car is happy to pay the initial fine 0f $80 but not willing to pay the $238 which has been increased on my name. Please advise me what I can do ? If I go to court do I have to pay the fine or the Magistrate can order the infringement to be re-issued on the name of the person who was driver/incharge of the vehicle at the time the infringement was issued ? I will really appreciate your help.
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