charliehotel Posted January 17, 2011 Share Posted January 17, 2011 Back in November my dog got out and was lost overnight. He was picked up by the council ranger and taken to the Lost Dogs Home as per the council procedures. I collected him the next day and paid a fee to them and thought no more of the matter until yesterday, when I got an infringement notice from the council for $239. I had no idea that infringement penalties were that high!!! This is the first time in my life I've ever had a dog get out and get picked up by the council. I'm not disputing the fact that Donnie got out and was at large - he was. But, when I looked closely at the notice, they have the wrong date on it. It's out by a month. I guess whoever did the ticket has made a typo.......so now I'm wondering if it's worth disputing the ticket on the grounds that my dog was not at large on the day specified on the ticket???? Or would the council just re-issue a ticket with the correct date on it???? $239 is a lot of money for us to find right now, so not having to pay it would be a blessing....... Any advice would be much appreciated. Link to comment Share on other sites More sharing options...
WreckitWhippet Posted January 17, 2011 Share Posted January 17, 2011 it's worth a try but really your dog got out, there are penalities involved and you should pay up. Link to comment Share on other sites More sharing options...
Keshwar Posted January 17, 2011 Share Posted January 17, 2011 it's worth a try but really your dog got out, there are penalities involved and you should pay up. +1 Link to comment Share on other sites More sharing options...
Inka3095 Posted January 17, 2011 Share Posted January 17, 2011 I didn't even know they issued fines (I thought pound release was it) until a foster jumped my fence about half an hour after we brought him home for the first time - ironically we were at the shops getting him a tag engraved with our details because the microchip information hadn't updated yet, as we'd only got him from the pound hours before. The fine was so much money it made my eyes water - I don't know if it's different in each state, but I don't know how people say they can't afford the pound release fee then leave their dogs in the pound, when a month or so later they'll HAVE to afford the fine which is many times more.. Link to comment Share on other sites More sharing options...
JulesP Posted January 17, 2011 Share Posted January 17, 2011 Surely they will just reissue the notice and you will have annoyed them. I try to avoid annoying rangers. Link to comment Share on other sites More sharing options...
Shepherd 08 Posted January 17, 2011 Share Posted January 17, 2011 I know when police put the wrong details on a traffic infringement and people dispute it based on that, then the infringement is simply re-issued with the correct details. I suspect it would be the same in this situation. Bottom line, you were in the wrong so you should cop it on the chin. Link to comment Share on other sites More sharing options...
Rebanne Posted January 18, 2011 Share Posted January 18, 2011 Surely they will just reissue the notice and you will have annoyed them. I try to avoid annoying rangers. x 1 Link to comment Share on other sites More sharing options...
Erny Posted January 18, 2011 Share Posted January 18, 2011 (edited) You're in Victoria? The penalties went up with the new laws that were passed last September/October. A number of us tried to stop the stupid laws that went through (lots of threads in General Forum) but I don't think there was enough public support and they were pushed through by the then Labor Government regardless. Edited January 18, 2011 by Erny Link to comment Share on other sites More sharing options...
pie Posted January 18, 2011 Share Posted January 18, 2011 Surely they will just reissue the notice and you will have annoyed them. I try to avoid annoying rangers. Agree - best to keep the Ranger on side, pay the fine, your dog did get out after all. I didn't realise the fine was so high. Link to comment Share on other sites More sharing options...
RR-Melbourne Posted January 18, 2011 Share Posted January 18, 2011 Charliehotel In my persoanl opinion I would pay the fine. If you want to avoid paying then it depends on how you respond to the discrepancy on the notice. The notice is a legal instrument (pentaly/infringement). So if you respond that the date is incorrect you have admitted to the infrigement and the penalty is still relevent and they may issue a new notice or you would pay on the existing notice. OR You could answer that your dog was not at large on the date stated in infrigment hence no infringemnt coudl have occurred on that date. The council may call your bluff and press you furterh however you could then rfere to te Victorian Omsbudsman Office and they will rule strictly to the evidence on the notice and the notice is incorrect so they must declare it null and void. Your evidence will be based on the discrepancy that your dog was in the pound. The coucil cannot issue a new notice with a new date because the infringment is declard null and void and is struck out (could not have occurred). As I said my opinion save yourself the heart ache and pay the fine. Link to comment Share on other sites More sharing options...
vnv Posted January 18, 2011 Share Posted January 18, 2011 Is it worth getting the date changed before you pay anyway? Otherwise they might think your dog was out twice, a month apart, and you will get another infringement with the correct date. Or am I being silly? Link to comment Share on other sites More sharing options...
BMAK Posted January 18, 2011 Share Posted January 18, 2011 I know when police put the wrong details on a traffic infringement and people dispute it based on that, then the infringement is simply re-issued with the correct details. I suspect it would be the same in this situation. damn i got a parking fine with the wrong type of car printed on it :D i might just wait for my final notice! i guess thats when a collar and tag pay off Link to comment Share on other sites More sharing options...
Staff'n'Toller Posted January 18, 2011 Share Posted January 18, 2011 I know when police put the wrong details on a traffic infringement and people dispute it based on that, then the infringement is simply re-issued with the correct details. I suspect it would be the same in this situation. damn i got a parking fine with the wrong type of car printed on it i might just wait for my final notice! i guess thats when a collar and tag pay off You will still get a 'dog at large' fine whether they are identifiable or not. If the ranger picks it up, it goes to the pound and $$ ensue. Link to comment Share on other sites More sharing options...
Crazy Daisy Posted January 18, 2011 Share Posted January 18, 2011 Is it worth getting the date changed before you pay anyway? Otherwise they might think your dog was out twice, a month apart, and you will get another infringement with the correct date. Or am I being silly? No I agree. I'd pay the fine but make sure it has the correct date on it so you don't have a problem if they re-issue another ticket for the month previous. Link to comment Share on other sites More sharing options...
Tralee Posted January 18, 2011 Share Posted January 18, 2011 Whenever I move to a new area, [we have been extremely geographically mobile], I make a point of visiting the ranger. Usually at council offices. I find it pays to be proactive. Using the pretence of inquiring about off-leash areas, asking about the incidence of parvo, and the communities sensitivity to barking, etc. I introduce my dogs breed, Maremmas, find out what the ranger's experience and expectations are. Keeping a high profile with 'dog people' in the community can result in favourable outcomes if they're ever needed. I would have thought that you should have been given a warning, at least a notification of a proposed failure to control dog notification. Who is your local ranger? I'd go and talk to the ranger and let him know that despite the infringement notice, that you feel was issued unfairly, you are a responsible dog owner. The courts not going to nullify the order because of an incorrect date. I've seen 'beaks' dismiss that arguement with incredulous disdain. Your lucky the dog did not rush at anyone. $660. Link to comment Share on other sites More sharing options...
westiemum Posted January 18, 2011 Share Posted January 18, 2011 pewithers: I find it pays to be proactive. Yes I do too and I think thats very good advice. I'm also very proactive with my neighbours. I make a point of introducing my animals to all my neighbours so, they know them by name as individuals, not just anonymous nuisance pests. I also invite the neighbours to a BBQ where they get to know them and ask them to feed them for me once, maybe twice a year. And so they become sort of 'community dogs'. And the neighbours know absolutely to come and talk to me if any of them are a pest at any time (its nveer happened once in living in 5 states). After my cat went AWOL a while back, half the neighbourhood was looking out for him for me. (Yes he came home when he was hungry!) So knowing the ranger would be a good idea as well. Although I know its a bit late for you charliehotel, so I'd cop it sweet this time and use it as an opportunity to get to know your ranger and your neighbours who might help you out if the dog gets out again. Link to comment Share on other sites More sharing options...
Alyosha Posted January 18, 2011 Share Posted January 18, 2011 Is it worth getting the date changed before you pay anyway? Otherwise they might think your dog was out twice, a month apart, and you will get another infringement with the correct date. Or am I being silly? x2 on this. Despite not wanting to get them offside etc, they should be doing it correctly. The date on a legal document is just that, and far more serious criminal matters have been thrown out of court based on incorrect dates by investigating officials. These offences carry statutory time limits for action to be taken, dating infringements properly is crucial and should not be overlooked. Sloppy wok overlooked leads to more sloppy work, which can end up with grave results. It needs to be fixed. Perhaps a peaceful visit to the council to ask fo it to be corrected before you submit payment? Do you have your impound fees receipt that shows the right date? Otherwise you can do a stat dec regarding what date it occurred. Paying an infringment does not legally qualify as an admission of guilt, but I would be making sure it is correct before you pay up. Link to comment Share on other sites More sharing options...
charliehotel Posted January 18, 2011 Author Share Posted January 18, 2011 Thanks everyone. Good point about getting the date corrected regardless - the last thing I want to do is pay twice!!!! I agree that being proactive with local rangers is a good idea, however it has not paid off for me in my current locality unfortunately. In my street there are people who consistently allow their dogs to roam free, to the point where they have nearly caused car accidents, but the rangers I've spoken to about it have not been interested in following up. One of the irresponsible owners has bragged about how he gets off with warnings........I guess that's what is so frustrating. I'm not denying my dog and I were in the wrong, but the one (and hopefully only) time in 7 years that he's ever got out we get pinged with a huge fine, yet others can get away with irresponsibility again and again. Oh well......as others have said, we'll just cop it on the chin. Link to comment Share on other sites More sharing options...
Rozzie Posted January 18, 2011 Share Posted January 18, 2011 I'd go and talk to the ranger and let him know that despite the infringement notice, that you feel was issued unfairly, you are a responsible dog owner. Hardly unfair if the dog was at large. Pay the fine. Link to comment Share on other sites More sharing options...
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