Rehearing Application for Parking Fine heard Ex.Parte

Sunday , 8, November 2015 Leave a comment


  1. I am a pensioner, and I live some 3 ½ hours drive away in ________, Victoria, 3___, my health has not been the best in recent times, but in particularly I have a problem with my foot which is very swollen and painful to the point I can barely move around the house let alone drive, my Doctor informs me this is associated with my diabetes and furthermore I suffer from chronic back pain, please see attached a letter dated 16/10/2015 from my Doctor confirming the difficulty of long distance travel for me, marked as Annex “A”;
  2. I understand that if this honourable court grants my application the case can then be transferred to ______________, in which case I will be able to attend as that is only 25 minutes away;
  3. The reason I am requesting a rehearing is I was unaware of the original hearing which took place some 22 (TWENTY TWO) Years ago on 16/07/1993, you can imagine my shock having the Sheriff threatening my arrest for an alleged parking infringement so many years ago;
  4. I have no recollection of ever receiving a parking fine at the airport nor have I travelled overseas or interstate by plane;
  5. I have no recollection of ever receiving any notification of this matter going to Court in 1993, when I attended ___________ Magistrates Court the clerk informed me that according to your computer system a notice was sent by regular mail, but I did not receive that notice;
  6. I understand this is considered a criminal offence and as such I have the right to be presumed innocent until proved guilty according to law[1]. The presumption is not that the accused is not guilty. It is that the accused is innocent[2].  The presumption of innocence has been enshrined in the Charter of Human Rights and Responsibilities Act 2006 (Vic)[3].
  7. I can appreciate under the current legislation this matter may fall under operator onus offences, so there may be temptation to rule that this offence is owner onus however perusal of the ROAD SAFETY ACT 1986 (23/12/1986 to 10/5/1999) there was no such provision that existed in 1993 and I have the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing[4], moreover a person must not be found guilty of a criminal offence because of conduct that was not a criminal offence when it was engaged in[5]

Prayer

 

All above premises considered, I humbly pray that this Honourable Court grant me this rehearing in the interests of procedural fairness and justice.

______________

Affiant.

[1] Woolmington v DPP [1935] AC 462; Howe v R (1980) 32 ALR 478.

[2] R v Palmer (1992) 64 A Crim R 1.

[3] Charter of Human Rights and Responsibilities Act 2006 (Vic) s.25(1).

[4] Ibid s.24(1)

[5] Ibid s.27(1)

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