About this parking fine in X location

[Ravvvie :)]

K, people some help please or legal advice ha

About 1year ago I received a parking fine letter from X council, but during that time when the parking fine was issued. The fine was this X council, Y street, and guess what it just happened to be the street that his little sister's boyfriend is attending for TAFE.

My defense was, I wasn't in the country.

My first letter, I provide the driver of that time who used to be my best friend but no longer is...I thought it was done, but then I sent the letter stating that the driver denied he was driving at that time.

2nd letter, its either him or I don't know who it is, because I don't want his sister's boyfriend to be avoid because his on a 1yr license suspension for multiple driving offense.

Guess what today, I got the warrant letter to pay the fine or else they won't allow me to pay for the next rego =="

So friendly advice people? I was thinking of going 2 legal aid for advice =/

[Foss]

I kinda got a bit lost there.

The picture I get is that you were out of the country, and left your friend with your car. He let his sisters boyfriend drive it, and the boyfriend didn't pay his parking. The boyfriend is on a 1yr licence suspension, and so you are trying to avoid giving his name as the driver as he is unlicenced?

I'm not an expert in these matters but I imagine you will have to wear the fine, mate. Pretty sure the car is in your name, its your fine to pay, unless the driver at the time stands up and admits they were driving.

[RoM2nV]

I doubt you have to prove who really committed the offence if you can prove that you didn't commit it.. Its up to them to investigate who was driving (or in greater detail, who illegally parked your car).

If you're one of those people who likes to stir crap, don't pay the fine, and sue them when you can't pay your rego.

If you want to avoid this, i'd say you should give them a ring, talk to them, and make them understand that you didn't commit the offence, by talking nicely or sending them some faxes of your passport stamps or boarding passes, etc.

Edited February 8, 2010 by RoM2nV

[httttt]

I doubt you have to prove who really committed the offence if you can prove that you didn't commit it.. Its up to them to investigate who was driving (or in greater detail, who illegally parked your car).

I'm not sure that is how it works (But I could be wrong). As I understand it you are ultimately responsible for your car and its where abouts even if you lend it to someone else. You cant dispute the fine, but you can dispute who was driving it at the time, which again is your responsibility.

I think you will have to wear it. Unless you can bargain with the person who was driving it to pay you for paying the fine.

[Hiro]

In NSW at least you can knock up a stat-dec (and get a JP to stamp it) saying that you were not driving at the time, and identifying who you believe was driving at the time of the offence, and the system will then re-send the fine off to the person nominated in the stat-dec. Only problem might be the time-frame, as this really should have been done at the time that the fine was received, not a year later.

I remember having to do this a couple of times when the g/f's car was registered in both our names (mine first) and her parking tickets were getting addressed to me.