This is a case study on partially discharging toll road infringements.
Our client was a qualified chef who incurred $20,000 worth of infringements over a 12-month period. Prior to this period, he had been employed on a full time basis however due to circumstances out of his control, that employment ceased. He found casual work two hours away from his home and would use the toll roads to get to work very early in the morning. He did not have an e-tag as he never previously needed the toll roads to get anywhere.
As the client was working on a casual basis, he struggled to maintain his mortgage and household expenses. The fines, as with many people, were left to the bottom of his list of expenses to be dealt with. He was ultimately intercepted by the sheriff who served him with a 7-day notice and demanded payment. Our client was not in any financial position to outlay $20,000. He was arrested and bailed to attend at the Magistrates’ Court.
Dee Giannopoulos acted on his behalf at the Ringwood Magistrates’ Court.
We attended at court with our client and explained his situation to the magistrate. Evidence was provided of his now full time employment and confirmation that he had not incurred a single fine since changing back to full time employment.
The court was also made aware that he was the main breadwinner in his household and his wife and child relied on his income. These circumstances were accepted by the court and it agreed to partially discharging the toll road infringements.
Our client’s fines were reduced from $20,000 to $1,000. This is a very manageable amount for our client. It recognises that he did use the roads and should have paid as he went but that he should not be punished more severely now for not having the capacity to pay at the time.