So, was driving and being tailgated by a ford ranger, when I was just chilling in the left lane.
Seemingly, he reported my rego to the EPA for throwing a cigarette butt out of spite later that evening/next morning.
Any tips on how to fight this?
Called them and they stated “anyone can report, no evidence is required”
Just seems like a load of bs.
Posted by TheTinnyKing
27 Comments
I believe if you take it to court, the onus is on the EPA and the person reporting you to provide evidence of you doing it.
Looks like you’re going to court, my guess is the witness won’t show up.
you can call them and seek out further investigation to waive this fine. Better to try something than going to court…
What I would do is request the internal review, and also ask for a photo of the offence. I would explain what happened, not because they will listen, but because I’m going to provide the internal review request and their lame response in court later.
Once they deny the review, that’s the time to request it goes to court. I would expect them to drop it, because they guy accusing you is not willing to go to court or even provide a stat dec.
Majority or reports to EPA are anonymous so chances are there will actually be no “witness” to this. As mentioned above, request a review or contest it and wait for it to be withdrawn.
Of course, it was a Ranger driver……
I was a smoker and once got one of these, but what I used to do was flick the ember off the end, and put the butt into a packet in my door pocket. I sent a photo of the butt collector packet and they replied with an email that said the person reporting in was usually certain and would appear in court. I paid the fine rather than lose a day of work. Make sure you reply with how your appeal goes.
I’ve had this before, very strange as I’m not a smoker. Just called the phone number to object/complain and explain I’m a non-smoker and it was cancelled.
That seems like a rather shifty way to harrass people by falsely reporting throwing a cigarette but out a window. Having said that, if someone was a repeat offender, it would become obvious.
It reads like you threw a butt before getting in the car – the wording in my view doesnt read like you were in the car. Is it possible that maybe it wasnt the ranger and maybe another part of the day ?
I didn’t even know this was a thing. That is so harsh.
I’ve always thought this EPA fine process was pure bullshit, illegal even.
Somebody reports you for littering, the EPA take their word for it and send you a fine declaring you are guilty and must pay, now it’s on you to prove your innocence.
What happened to innocent until proven guilty? And even if the OP was guilty, all they have to do is sign a stat dec saying they didn’t do this and they would be off the hook, assuming the person reporting didn’t provide video evidence, and even then, what level of video/photo evidence would the court accept?
I’ve never been sent a fine but these posts always make my blood boil.
Take it to court, the person who dobbed you in would need to show up. It’s also an offence to misleadingly report someone.
To report someone you have to put in all your details
My dad got reported for this once and said it was a moth 😂
If it’s a false report, demand proof of the incident and then provide your counter-evidence as necessary.
This mob took weeks to act on a report of a neighbour dumping asbestos sheets into a red bin and initially told the reporter there was nothing they could do because the bins had already been taken by the council… I guess following up on reports like this is easier?
I report semi-regularly (eg cops couldn’t do anything about a guy throwing a full water bottle at me while riding a motorcycle, so the EPA got me justice instead). Tradies throwing shit out of their utes on the freeway etc.
Sorry to hear it’s been used maliciously against you. It’s a reasonable system otherwise.
I got one of these when I was a smoker even though I never tossed them out the window. I sent a printed letter requesting a court date to view the evidence and the fine and they replied in the mail that they had dropped the matter.
Take it to court. Tell the cunts to DNA test the cigarette.
Cow very naughty of you.
Udderly disgraceful someone reported you for this when you don’t smoke but like others said, dispute it.
They are just trying to milk you for money but will drop it when its disputed so you can hoof it out of there.
Can you get damages. Loss of income for court appearance etc. Take them to the sodding cleaners
Considering you’re not a smoker it leads me to believe potentially someone you know has set you up. I’ve heard of jilted ex’s, family friends or even a driver behind you who’s been salty cut off in traffic etc can be so spiteful to then report to EPA just to piss you off and inconvenience you.
I’d be checking all avenues on whom could have reported you on top of fighting that fine.
EPA fines are absolute utter bullshit – often abused by petty citizens looking to shit on someone elses day.
Request an internal review, demand proof and as someone else stated – even add stat decs of people declaring you don’t smoke. Person who did it would’ve had to tick a box saying they would attest in court if it comes down to it.. but I’m willing to bet he will no show.
Also, the fine is for littering a cig in a stationary vehicle.. did anything else happen on the road to make you feel the Ranger definitely did it?
I’m surprised it even gets put through without proof. I always send a dashcam video in with the submission.
Please fight this as hard as you can. Lawyer up and go hard after the EPA and the Ranger driver. If a report means an automatic fine with zero evidence the system is corrupt (as expected in Victoria) and about revenue raising.
Ask for the proof until then it’s all an assumption
Happened to me as well. I just reviewed it, wrote a statement and the fine was omitted.
Someone probably made a false report because (in their mind) you did something while driving that maligned them and they want revenge.
Elect to have it heard in court. Most likely the EPA will drop the charge as they have no actual evidence. If they do pursue it, require the person who made the complaint to appear in court and repeat it under oath.