Don't ignore your fines and infringements - get help early to avoid paying more - Barwon Community Legal Service

Don’t ignore your fines and infringements – get help early to avoid paying more

Did you know that the longer you leave an infringement notice (a fine), the more serious it can become? Get legal help early and don’t leave it too late.

There are a number of ways you can receive a fine. Some examples of common fines are:

  • Speeding or red light fines – issued by a police officer on the spot at the time of the office
  • Parking fines – attached to your vehicle. These fines should be dealt with through the agency that issued it i.e. if you have a parking fine from the local council.
  • Toll fines – which you might receive in the mail

Ignoring a fine has some serious consequences and you may have to pay more in added costs.

  • Your driver licence or car registration could be suspended
  • You could have money automatically deducted from your bank account or wages
  • Your land could be sold
  • You property such as your car or any land you own could be seized and sold
  • You could event get arrested.

There are 4 stages of the fines process. It is important to speak to lawyer as early as possible.

Stage one: Infringement Notice

When you first receive a fine you have options!  You will have 21 days to deal with your fine.

You can:

  • pay straight away
  • nominate the responsible person if it was not you who got the fine
  • request a review of the fine
  • request a court hearing
  • apply for a payment extension
  • apply to pay by installments
  • apply for a work and development permit, if you meet certain criteria
  • apply for the family violence scheme, if you meet certain criteria.

Stage two: Penalty Reminder Notice

If you don’t deal with your fine in 21 days you may get a Penalty Reminder Notice.  As of July 2018, a fee of $25.10 is added to your fine.

At this stage your options remain the same as the Infringement Notice stage, unless the offence is for excessive speeding (25km above limit or over 130km) or drink/drug driving. More information about excessive speeding or drink/drug driving fines can be found here.

If you do not act within 14 days the matter may be registered with Fines Victoria and a Notice of Final Demand may be issued.

Stage three: Notice of Final Demand

If you ignore your Infringement Notice and Penalty Reminder Notice you will receive a Notice of Final Demand from Fines Victoria. As of July 2018, a fee of $130.20 will also be added to your fine. You have 21 days to deal with this.

At this stage, there are less options available to you.

You can:

  • pay the fine in full;
  • request a payment plan where you pay the fine by installments;
  • request an enforcement review (review by Fines Victoria);
  • apply for a work and development permit (WDP);
  • apply for the family violence scheme.

If you don’t act within 21 days, an Enforcement Warrant may be issued against you.

Stage four: Enforcement Warrant

If you don’t deal with your Notice of Final Demand, $56.70 could be added to your fine and the Magistrates Court may issue you with an Enforcement Warrant.

An enforcement warrant gives the Sherriff’s Office the power to:

  • come to your house and demand payment
  • stop you at a police roadblock
  • wheel clamp your vehicle
  • seize and sell your personal property
  • remove the number plates from your vehicle

At the Enforcement Warrant stage you have 7 days to deal with your fines before the Sherriff can take more serious action against you.

At this stage you can only deal with your fines in the following ways:

  • pay the outstanding amount in full;
  • apply for a payment plan;
  • request an enforcement review;
  • apply for a work and development permit;
  • apply for the family violence scheme.

If you do not act within the 7 days, your only remaining option will be to pay the fine in full.

If you need assistance with a fines or infringements matter, call us at 1300 430 599 to organise an appointment with one of our lawyers.

You can find more information at the Fines Victoria website or at Fine Fixer.

Join our mailing list

Join our mailing list and stay up to date with the latest news, insights and events at BCLS.