Our client had accrued $22,000 worth of unpaid toll infringements. She had not received the infringement notices as they had been sent to her mother’s address. They reached warrant stage where the Sheriff had outstanding warrants for her arrest. She could not afford to pay them.
Relying upon section 160(3) of the infringements act we submitted to the Court that in our client’s circumstances, imprisonment would be excessive, disproportionate and unduly harsh.
Lead evidence from the client about her attempts to try and deal with the fines under the circumstances – she was overwhelmed with the amount; financial difficulties; ongoing physical health problems and the pending birth of her first child. The court accepted the evidence and discharged 2/3 of the outstanding infringements, leaving $7,500 to be paid in installments.