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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5236
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Pearl, I received an infringement notice from my car, and I

Customer Question

Hi Pearl, I received an infringement notice for littering from my car, and I believe it was issued in response to a malicious report. I can prove that my car not at the place where the incident occurred. I am annoyed at the unknown person who clearly made a false declaration to the EPA for unknown reasons, and would ultimately like to see them prosecuted for perjury. What are my options?
JA: Dealing with charges can be stressful, but getting correct information now can only help. Because laws vary from state to state, could you tell me what state is this in?
Customer: Victoria.
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you think the lawyer should know?
Customer: Not at this time.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Australia Law
Expert:  Daniel replied 9 months ago.
HelloWell you should send a letter with evidence confirming it would not be you that littered from the vehicle. If that does not assist, the only option is to attend court and set the matter down for a hearing. What evidence do you have?
Customer: replied 9 months ago.
Hi Daniel,I was at a kids party at the time of the alleged littering, and my car was parked outside, nobody else was driving it. The lady who invited my kid to the party would be prepared to testify to his, and there is photos and video, with time-stamps, showing me to be at the party at the time. My concern is not so much getting the fine cancelled, as it is getting to understand who made the statement that gave rise to the infringement notice. I would like yo see this person charged with making a false sworn statement.Regards,
Ferdi
Expert:  Daniel replied 9 months ago.
helloOk, well clearly it would be proven that it was not you. Nobody would waste their time fabricating all this evidence for a fine. With respect of the person making the false statement, it is a matter for the authorities to have the person charged with giving them false information. Will they chase this up? Well it is a matter for them entirely, however I would suggest that the matter will just be dismissed against you, and no further action taken sadly. Please click accept and rate my service. I am able to answer further questions after accepting at no further cost.
Customer: replied 9 months ago.
Daniel,Will I be able to request a copy of the statement the person made under the FOI laws? I feel that letting this matter rest without taking further action is not acceptable.Regards,
Ferdi
Expert:  Daniel replied 9 months ago.
You should be able to have this information provided. If it were to go to court, she would need to testify and give evidence, so it should not be an issue.
Expert:  Daniel replied 9 months ago.
her name should be provided. Please click accept and rate my service. I am able to answer further questions after accepting at no further cost.
Customer: replied 9 months ago.
Daniel, I understand that, but is the only option to go to court? My question is whether the FOI law protects the accusre's identity and the EPA can refuse to provide the information.
Customer: replied 9 months ago.
does the FOI laws apply here, and can the EPA deny the request on the grounds of privacy?
Expert:  Daniel replied 9 months ago.
Well if you were to plead not guilty he/she would be called in as a witness anyway.
There would be no cloak of secrecy