People fail to pay fines for a number of reasons. Their postal address may be out of date, they may be overseas, or they may be suffering from a serious medical condition. Unpaid traffic penalty notices will often lead to the State Debt Recovery Office (‘SDRO’) imposing an “Enforcement Order”. An enforcement order involves threatening legal action if the fines are not paid by a certain date. Provided you have a sufficient and reasonable excuse, you may be entitled to apply to have the enforcement order annulled.
Annulling an SDRO enforcement order
When the SDRO issue you with an enforcement order, you will need to make an annulment application. This application will require you to provide documentary evidence to demonstrate that you were unable or were unaware that you had to pay the notice before the enforcement order was issued. The lodgement fee of $50.00 is payable to the SDRO for every annulment application. In the event that you are making a number of annulment applications, the SDRO may allow you to pay $50.00 for all of the applications as a collective, or they may defer payment of the fee until after your application has been determined.
Once an annulment application has been submitted, there are a variety of possible outcomes:
- The SDRO may request that the RMS review the fine (this may involve withdrawing the fine);
- The SDRO may decide to annul the enforcement order and have the matter listed for determination at the Local Court; or
- The SDRO may refuse your application whereby you will be entitled to appeal the decision to the Local Court.
In making an annulment application, it is important to put forward appropriate reasons for failure to pay, supported by relevant documentary evidence. Our highly experienced traffic lawyers can assist you to ensure you obtain the best result. Call us now on (02) 8059 7121.
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