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Hi Patrick- I submitted to have my City Link Victoria infringement…

Customer Question

Hi Patrick- I submitted to have...

Hi Patrick-
I submitted to have my City Link Victoria infringement revoked. IT WAS REFUSED on the basis that they are "not satisfied that there are sufficient grounds to revoke the order". Additionally, the fine was increased to $297.20.
My case for revocation was based upon the following facts:
-The car in violation was a car provided for my use by my employer as part of an employment agreement.
-I was told that it had a valid City Link tag.
-The car did have a City Link tag and the tag was successful in registering/paying tolls for every day that I drove the car EXCEPT Sept 4, 2012.
-My employer received the toll violation notice and forwarded it to me with out explanation.
-When I received it in the mail, I emailed my former boss, letting her know that 1) the Toll Tag is in her name, 2) she has all the evidence to confront City Link about the failure of the Toll Gate to properly connect to the City Link tag in the car, and 3) since she has the evidence needed and it's her car, she should handle the issue.

She ignored my email and I then received a second notice City Link. I scanned and emailed it back to her again stating that this was not within the sphere of my responsibility since she has the account, etc.

Again she ignored my email and I finally received the infringement notice. By this time, my only option was to request revocation.

I applied and attached information about my work contract, the circumstances that placed me into her car, the fact that the use of the car was directly connected to her obligation to provide me a car for the first 8 weeks of my employment, etc.

City Link refused my application and now I pay or go to Magistrates Court.

I refuse to pay on the grounds that it is not my responsibility. The employer provided a car which they said was "all ready to go...all you do is pay for petrol".

Can you please 1) advise if there is any other option for resolution OTHER than Magistrates Court, and 2) if no other options, can you advise me on how to handle my case in Magistrates Court?

I'm stunned that this has carried on for over a year.

I must submit my application for revocation to Magistrates Court by November 26, 2013.

Thank you-
Ann Woelk

Submitted: 9 years ago.Category: Australia Law

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Answered in 1 hour by:

11/18/2013

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Evening Ann

My name is Leon and I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

Patrick is not available and I can try to assist if you wish.

Customer reply replied 9 years ago

Hi Leon-

Do you need additional information? Sorry I couldn't respond earlier.

Thanks-

Ann

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Ann

You say that your tag did not register. Did you provide them with the tag number to have the told credited to your account?

Customer reply replied 9 years ago

Relist: Incomplete answer.

Hi Leon-

Sorry, I didn't see this reply!

The option of them charging the e-tag with the toll never came up. City Link did not offer it. All City Link has ever shown on their notices is the License Plate number. No e-tag number.

Rather, they simply went straight to sending out a fine notice.

The first notice went to the owner of the car- my boss- which she then sat on for a couple of weeks and then she gave City Link my forwarding address. Then I began receiving late notices directly.

However, by the time City Link began direct mail to me, it was already up to the Second Notice and I didn't understand how their system works. I was still attempting to get my former boss to take responsibility (I scanned the second notice and emailed it to her, asking her why she was not dealing with the problem. (I'm a yank who came over on a 457 Visa...my boss knows that I have little knowledge of how regulatory bodies work in Australia).

By the time the notices began arriving, I no longer had the car. Hence my reasons for contacting my employer to ask that she resolve the issue with City Link since she has the e-tag and the subscription info, etc.

I hope this helps.

Ann Woelk

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

Do you have the details of the tag belong to that Tag?

It is common practice that if a tag does not work and the driver has not contacted the number to report going through the toll that a fine is issued.

If there is a tag and you have the number they can attach the toll and deducted from the tag and waive the penalty fees.

If you can obtain the details of the account for the tag I believe you can have this matter resolved without taking it to court.

Is your employer able to provide you with the details of the tag? Was the vehicle your employers or a hire car?

Customer reply replied 9 years ago

Hi Leon-

I'm not sure. The car was my boss's personal car that she then loaned to me (she had two vehicles).

When I left the job, I heard that she was looking to sell the car.

Why this option was not offered to begin with SHOCKS ME.

If City Link has the car's license plate, why can't they find the e-tag number associated with the car?

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon,

I cannot's response to why Citylink cannot find the tag associated with the car.

You are going to have to speak with your boss and see whether she is prepared to give you the information you require.

If not you are going to need to challenge this in court and once you have Court number you will then be able to issue a subpoena on your boss and also the company that issues e-tags to provide the details of the tag you had with you that belong to that car.

You will then proceed to argue that the penalty should be waived and the tolls deducted from the tag.

I also assume that your boss received the notices, and as it was her vehicle she should have taken care of it without nominating you was the driver.

I assume she nominated you was the driver and that is why you received notices?

Customer reply replied 9 years ago

Yes. I think she's a bit vindictive.

Question: what do you mean by-

"If not you are going to need to challenge this in court and once you have Court number you will then be able to issue a subpoena on your boss and also the company that issues e-tags to provide the details of the tag you had with you that belong to that car".

So are you saying I need to file a separate action? Or do I proceed with my option to apply for a hearing with the Magistrate? This is the option listed on the City Link rejection letter.

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

What I mean is if your boss refuses to tell you the e-tag number to resolve this, you will have to dispute the fine in court.

Elect to have the court decide.

When it is listed in court then you can issue subpoenas to get the information.

You should be able to send back the form and elect to have it listed in court. Citilink will have it listed in the magistrates court.

There should be something on the notice to complete.

Does this make it clearer?

Customer reply replied 9 years ago

HI Leon-

I need to understand why you are suggesting this particular course of action: focusing on the e-tag and having the toll charged to it in order to rectify the situation.

I know that I stated in my first email that the "toll did not register on the e-tag". However, that is a guess. The e-tag was on the windshield and worked every other time I passed through the same toll gate. My "assumption" is that the toll gate and the e-tag failed to connect. However, I can't prove this.

I'm asking for your justification of recommending this course of action because if it's as simple as charging the e-tag with the missing toll, then WHY WASN'T THIS OPTION OFFERED IN THE FIRST PLACE? What stopped City Link from giving this as an option?

Again as I mentioned earlier, I assume that every e-tag is associated with license plates. So City Link must have a data base that shows which e-tag number is associated to which license plate.

Considering what I have just written, can you please clarify your recommended course of action? It seems excessively burdensome on the consumer when City Link has all the data in it's system.

Thank you-

Ann Woelk

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

I am suggesting this because for the notice to be issued, means the tag did not register.

The notice was sent to your boss, the owner of the vehicle and tag and she did not fix the issue by advising the tag number. She had you nominated as the driver and things are now out of control.

The law says, as the driver you are responsible to make sure that the tag works and if it does not then to notify the toll owners and pay the toll within 24 hours.

Each tag is registered to a car but the toll road operators may not be the issuers of the tag.

This option is always there and it should be on the notice to call and give your tag number.

It is not city links job to chase the tag. They impose the tolls and on that day the vehicle went through and as far as they are concerned there was no tag.

I am suggesting this option because, if you try and appeal the matter in court, the court will find you liable to pay the tolls and may be lenient on the fines.

But you will pay.

You were the driver and you are liable.

Your boss is at fault here because it was her car and her tag. You have to show that was the arrangement and that she is the one that has to pay.

I hope this explains things better

Customer reply replied 9 years ago

Hi Leon-

Your reply makes it more clear.

HOWEVER I applied for a revocation and submitted an affadavit with my work contract and an explanation about my boss being the responsible party. See these attached.

BUT my revocation request was refused by the Infringements Registrar.

As you will see in the attached documents, I believe I explain the situation clearly. Yet still it was rejected.

How will going to court and making the same case result in a different outcome?

Thanks-

Ann

Attachment: 2013-11-21_045231_citylink_revocation_app.pdf

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

You are responsible for the fine because you were the driver.

They will not revoke it.

What I am suggesting is you go to court and ask for the penalties to be waived and join your boss to the proceedings as a third party on the basis of your agreement for her to pay it.

You have to acknowledge you are liable because you were the driver. Because of your employment arrangement, your employer should pay it because it was her car and her tag and she was liable for all costs including tolls.

I hope this is clearer.

Customer reply replied 9 years ago

Ok...

So how do I "join my boss" to the proceedings as a third party?

If this involves subpoenas, doesn't that cost me money?

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

You would seek a court order to join her.

The subpoena is required to get information about the tag etc.

If she does not provide it freely.

Does that make sense?

Customer reply replied 9 years ago

ok
How do I file a court order to join her?

And considering the order & subpoena, what additional cost am I looking at?

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

You have to speak to the courts about joining her.

Subpoenas do not cost anything to file but they cost to serve usually $50.00

I hope this is of assistance

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening

Is there anything else I can assist you with?

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