Hi there. If the due date for payment has not passed, the recipient of the fine can nominate another driver who was operating the vehicle at the time of the offence. The nomination can done online (www.sdro.nsw.gov.au) by providing the name, address, date of birth and licence details of the driver. Failure to nominate another driver by the due date may result in an additional fine. Note that it is a criminal offence to falsely nominate another driver.

If you do not know who the driver was, you can either apply to the State Debt Recovery Office to review your fine, or elect to take the matter to court. If your review with the SDRO is unsuccessful, you can later appeal the decision in court. But if you want to start by taking the matter to court, you cannot then have the SDRO review your fine. So it may be better to start by seeking a review by the SDRO.

In either option, you could appeal the fine on the grounds that you have mistakenly been identified as the driver who committed the offence. The law in NSW says that a penalty notice must be withdrawn if there was a mistake of identity in the decision to issue the fine. However, this law is generally only applicable in situations where it was impossible for the named person to have been driving the vehicle (e.g. if the vehicle was stolen). If you are not certain and able to prove that you were not the driver, then you may not be able to successfully claim mistaken identity.

However, there may be other grounds that you want to base your appeal on, such as exceptional circumstances beyond your control. More information about these appeal grounds is available on the SDRO website. You can apply for a review with the SDRO by completing an online ‘Request for Review’ form or writing a letter to the SDRO along with any evidentiary documents before the due date on your penalty notice. Try to supply as much evidence as possible. The SDRO will either uphold the penalty, withdraw it, or issue a caution instead if exceptional circumstances warrant leniency.

Electing to go to court can be a long process and less than 1% of penalties are overturned by the court. If you choose to exercise this option, submit a ‘Request to Have a Penalty Decided in Court’ form available on the SDRO website by the due date on your penalty notice. The court will either uphold your penalty, withdraw it or issue a caution.

Suggested way forward

Visit the SDRO website for more information about your options (www.sdro.nsw.gov.au). If you want to know more about your legal rights, particularly the option of taking the matter to court, you should consider speaking to a lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.