Unfair fines: Victorian teacher to take EPA to court over $330
A Victorian teacher is planning to pursue legal action against the state’s environmental protection watchdog, after she claims they falsely accused her of littering on the road.
The move comes as top infringements lawyers issued a warning to the government authority that it could be liable to refund scores of fines if it’s found to have acted illegally.
Speaking to A Current Affair, Sonia McDonald revealed that she was hit with a $330 fine after another driver reported her to the Environment Protection Authority (EPA).
When Ms McDonald lodged an enquiry into the infringement, they showed her a blurry photo of her car.
The image showed neither her number plate nor Ms McDonald littering.
She said EPA investigators advised her they did not require photographic evidence to issue infringements.
“It’s not a fair situation where you get blamed for something you didn’t do and get a huge fine.
“It’s one of those things that’s just taken from someone else’s word and that’s not good enough,” said Ms McDonald.
“The photo was supposedly taken in a particular location but the photo they have given me is in a completely different location,” she added.
“It’s about 15 minute drive down the road.”
Adam Cockayne, a lawyer who helps his clients fight unfair fines, said the conduct of the EPA was “reprehensible”.
“In one [unrelated] case, after much complaining, the EPA provided a copy to me of the so-called witness statement.
“It wasn’t provided by the witness – it was the witness’ spouse. It wasn’t signed and it identified the alleged offender by their gender only,” said Mr Cockayne.
He said this amounted to illegal conduct.
“If [the EPA] has failed to comply with its own legislation and collected fines that are illegal, then it’s required under the Infringements Act to refund every single fine.”
When A Current Affair asked the EPA questions, they refused to answer.
“Victorians generate more than 14,000 tonnes of litter every year,” read the statement.
“Thirty-nine per cent of all litter is found in car parks and highways.
“You can report a person littering cigarette butts or other types of rubbish from a vehicle to EPA.
“When someone reports littering from a vehicle, our enforcement officers will investigate and take action.
“If a person didn’t commit the offence, they can dispute a vehicle littering fine and the details on how to do that are readily available on the EPA website,” the authority’s statement continued.
Ms McDonald has already disputed her fine and provided an affidavit to the EPA – but her appeal was rejected.
She is now considering legal action.
“I’m not going to pay it,” she said.