Unfair fines: Victorian teacher to take EPA to court over $330
<p>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.</p>
<p>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.</p>
<p>Speaking to<span> </span><em>A Current Affair</em>, Sonia McDonald revealed that she was hit with a $330 fine after another driver reported her to the Environment Protection Authority (EPA).</p>
<p>When Ms McDonald lodged an enquiry into the infringement, they showed her a blurry photo of her car.</p>
<p>The image showed neither her number plate nor Ms McDonald littering.</p>
<p>She said EPA investigators advised her they did not require photographic evidence to issue infringements.</p>
<p>“It’s not a fair situation where you get blamed for something you didn’t do and get a huge fine.</p>
<p>“It’s one of those things that’s just taken from someone else’s word and that’s not good enough,” said Ms McDonald.</p>
<p>“The photo was supposedly taken in a particular location but the photo they have given me is in a completely different location,” she added.</p>
<p>“It’s about 15 minute drive down the road.”</p>
<p>Adam Cockayne, a lawyer who helps his clients fight unfair fines, said the conduct of the EPA was “reprehensible”.</p>
<p>“In one [unrelated] case, after much complaining, the EPA provided a copy to me of the so-called witness statement.</p>
<p>“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.</p>
<p>He said this amounted to illegal conduct.</p>
<p>“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.”</p>
<p>When<span> </span><em>A Current Affair<span> </span></em>asked the EPA questions, they refused to answer.</p>
<p>“Victorians generate more than 14,000 tonnes of litter every year,” read the statement.</p>
<p>“Thirty-nine per cent of all litter is found in car parks and highways.</p>
<p>“You can report a person littering cigarette butts or other types of rubbish from a vehicle to EPA.</p>
<p>“When someone reports littering from a vehicle, our enforcement officers will investigate and take action.</p>
<p>“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.</p>
<p>Ms McDonald has already disputed her fine and provided an affidavit to the EPA – but her appeal was rejected.</p>
<p>She is now considering legal action.</p>
<p>“I’m not going to pay it,” she said.</p>
