Littering Fine Help

[PERFORMANCE07]

Hi guys, the old man got a littering fine in the mail for $200.

Bit of back story, this is his work car and he's used it only a handful of times in the last few months as he lost his job.

It says it occurred on a Saturday night up near the hills near Mundijong, he hasn't been there in a long time.

The only place he went to that day was to his friends house and didn't use the work car, no one else drives this car apart from him due to insurance only being on him.

Accused of depositing a 'brown paper bag' which doesn't make sense as the only thing that could be is fast food or something and he never eats fast food (European old-school mentality).

He is furious about this and feels disgusted that he is accused of this as it's against his morals.

So options are pay the fine or contest in court.

They state everywhere that they don't have and don't need photographic evidence to prosecute, only the witness!

Easy option is to pay the fine but you are admitting to something that you didn't do and what if there is a fishy consequence of what this 'brown paper bag' actually is?

[Bram]

Someone obviously doesnt like your dad. Your dad should have a think about who would want to spite him like that. Then report them for littering too.

[Simon]

Will cost more to go thru the courts. Not to mention the hours wasted. Best to suck it up, accept there is nasty people on earth and just pay the fine.

[BlueSIV]

Surely they have to provide some evidence (photographic or otherwise) or at least witness would have to come to court. If they have to appear in court immediately report them for littering next day if no evidence is presented. Doesnt make sense you can just report someone with nothing. Just sit on the side of the road and report every carvthat comes past. No evidence needed.

[rgvlee]

I'm guessing this has been raised via KAB?
If someone has reported your old man via there, it's an offence to make a false claim

https://www.kabc.wa.gov.au/report-littering/litter-reporting-faqs/questions-about-your-litter-infringement


What’s to stop anyone reporting someone for littering when it’s a false claim?
That would be a malicious report, it would be illegal to make and our investigators may investigate the matter and consider prosecution.
We receive reports from witnesses that include Local Government Rangers, State Government Officers, Emergency Service Personnel and Police officers.
All infringement notices are issued on reports from reporters who are willing to go to court to support the statements they have given.


As to how hard it would be to contest, I guess that depends on who reported it. I assume the courts will look favourably towards a ranger for example.
The average joe may require more proof to convince the court.

I know as a KAB reporter myself (anyone that actually litters deserves a pineapple) I take a photo of the vehicle and only submit if I am prepared to front court and defend the report.

Do they have photo evidence?
They ask for any distinguishing details about the vehicle, if it's the work car did it have signage? I'd expect to see that in the report.
They also ask if possible for a description of the person who committed the littering.

If he is certain there is no way he or his car was involved I'd contest it. Again I've had a report contested, I was asked for any additional evidence, so I provided the photo (recording the time/place on the report as well as placing myself and the vehicle in the area) and said I was happy to attend court. Infringement stuck.

[Miggy]

I thought all you had to do was give a stat dec saying you didn't do it and that was enough to get out of the fine, or has that changed?

[Socrates]

Have you got cameras at home showing the car didn't move that day, could also help?

[fourseven]

I thought all you had to do was give a stat dec saying you didn't do it and that was enough to get out of the fine, or has that changed?

This. Stat dec will get it withdrawn.