Many government bodies can issue infringement noticed (on-the-spot fines). There are various options available to you.

Don’t

  • Do nothing. If you fail to pay the fine within the time allowed on the notice you will be sent a reminder notice which will include added costs for late payment. If you still fail to pay the fine the issuing authority will register the matter with the Infringements Court which will make an enforcement order against you for the amount of the fine plus further added costs. If you do not pay the penalty and added costs an infringement warrant will be issued to recover the debt together with more costs. A warrant allows the Sheriff to collect the debt from you. The Sheriff will usually come to your home. If you can’t pay the Sheriff you will be given a ‘seven day notice’. If the debt remains unpaid for 7 days the Sheriff can seize and sell your assets to pay the fine. If you have no assets the Sheriff has the power to suspend or cancel your licence, put a wheel-clamp on your car or motorbike, apply for a wage deduction order or arrest you and take you into custody. You can be jailed for one day for approximately every $100.00 that you owe. Jail is usually a last resort.

Do

  • Pay the fine within the time indicated on the notice and that will be the end of the matter. Be sure to get a receipt from the government authority as proof of your payment.
  • Nominate another driver. If you own the vehicle yet were not in charge of it when the alleged offence took place you can advise the government authority of this within 28 days of receiving the penalty notice.
  • Write to the issuing agency and request that they waive/review the fine.
  • Request that the issuing authority give you more time to pay the fine or request that you be allowed to pay the fine by instalments.
  • Request to have the matter heard in the Magistrates’ Court. This gives you the opportunity to explain your side of the story to a Magistrate as to why you should not have to pay the fine(s). Click here for Self Representation in Court. If you are considering this option it is important that you visit the Legal Service first.
  • Apply for revocation of an enforcement order. This option is available if the penalty has been issued with the Infringements Court. You can apply for revocation if you:
    1. did not commit the offence or had a valid reason for committing the offence.
    2. if their were special circumstances involved
    3. you did not receive the infringement notice/notices from the court

You should visit the Legal Service if you wish to apply for revocation of an enforcement order.

Note that if an enforcement order is revoked this does not mean that you don’t have to pay the fine. Once revoked, the matter will be referred back to the issuing authority who have 20 days to decide whether to withdraw the fine. If they do not do so within this period of time, the matter will be listed to be heard in court. Unfortunately, around 80 percent of revocations are rejected by the issuing authorities.