faq03

Disclaimer: the author of this website is not a lawyer and this site does not constitute legal advice. All information on this website is of a general nature only.

3. What should I do if I receive a fine on my car windscreen?

Note: faq03 applies only if you have received a fine on your car windscreen, but have not yet received a letter to your home address. If you have received a letter to your home address, see faq05 instead.

If you have received a fine or infringement notice on you car windscreen, remember that the company do not know your name and address. So lawyer such as Sean Hardy recommend to simply ignore the fine if you think the fine was unjustified. Do not contact them, do not ring them, do not write to them. Simply ignore the fine. If you write to them you are admitting you are aware of who the driver was and your letter can be used against you.

By not admitting to parking in their car park, it puts the onus on the car park company to prove who parked the car in their car park. See FAQ2 for defences to fines and information on the burden of proof.

Beware of appealing to the parking company

Some drivers are influenced by the notice on the back of fines that says you can appeal the fine if you wish. A lot of people who have committed minor breaches, for example they went 3 or 4 minutes over the 2 hour limit and got a fine. Such drivers are tempted to write the company and appeal the decision. But be warned that if you write to them and ask for forgiveness you are unlikely to receive any. And by writing to them in this manner, you are admitting that you parked in their car park on that date. This admits guilt in the parking companies eyes and therefore increases the chance of the company taking action against you, even if the issue was minor such as described. By writing to them in this manner, you lose defence two that is decribed in FAQ2. Think about it, if they let you off because you only parked there 3 minutes, then every man and a dog would be saying "I only parked there 3 minutes, please let me off" and they would go broke. You need to understand that these are money making businesses. They make their money/profits by doing their utmost to get you to pay their "fines".

However, it is important to realise that the company may get your name and address from the government agency that handles vehicle registrations in your state. If they do, they will write to, and the letters may escalate to lawyers letters. So if the thought of receiving lawyer letters freaks you out, you may consider paying it now.

If you think you have a valid reason to appeal, then see https://sites.google.com/site/unfairfines/faq/faq17