Here is a story from a Melbourne man who got bullied into paying $75 on the spot even though he had not even been on public transport at all!
“On 24/09/2014, I was crossing Collins Street in Melbourne CBD at a point where there is also a tram stop. There was a Public Transport official on the platform of the tram stop, busily writing a ticket for somebody else as I walked past him. He stopped me as I passed him and he asked to see my validated MYKI card. I said that I don’t have one, I do not use public transport and I was just crossing the road. He claimed that he saw me step off a tram, which was quite impossible, given that he was preoccupied at the time writing out a ticket. Anyway, he then proceeded to issue me with a fine, and when I stated that I did not wish to provide my personal details to him since I had done nothing wrong, he called a nearby policeman over. Between them, they proceeded to intimidate me to the point where I reluctantly agreed to pay a $75 on-the spot fine on my credit card.
As I said, I felt intimidated by the two of them, and they left me with little choice. If I had not either provided my personal details or allowed the public transport officer to process an on-the-spot fine against my credit card, the policeman implied that I would be arrested. If I provided my personal details and allowed the public transport officer to issue me with a normal fine, I was of the belief that if I then wanted to contest it in court, it would end up costing a lot more than $75. I was very much bullied into submission!” (emphasis added)
What is of real concern is that I am told Public Transport officers operate on a quota: they have to book a certain number of people a day. And this is what happens.
Outrageous behaviour and how frustrating for that poor man! Can this be appealed in some way?
Last year I was on a tram and I witnessed a ticket inspector bullying a young man who did not have a ticket. The way he spoke to the young man was appalling. He took his details and told him he would be fined. He then wandered down the tram and found another person without a ticket – this time an attractive young woman, wearing a very low-cut blouse. His manner completely changed and they flirted with each other for a while before he let her off with a warning. The double-standards are really sickening.
I got marched off the tram once. Most embarrassing. Six people in all, very intimidating. It was morning, I was a bit sleepy but was 99.9% sure I swiped on as I was still standing right next to the machine. Anyway after taking all my details, treating me like a criminal and telling me I had to pay a fine I was let go. After much messing about I managed to prove, using the Myki card checker, that I had indeed swiped on, they dropped the fine. It seams like one part of the system does not talk to the other. The nice kick in the tail was at the end of the letter I got from them said “we will keep your details on record in case of any future infringements” Great I’m now on some register, through no fault of my own. Classy Myki, classy.
PTOs have a daily quota to fill…! On a “bad day” they have no choice but to invent a crime to do their job.
Why on earth didn’t you stand your ground? Just what sort of intimidation did they do? If you are 100% innocent you should have just supplied your ID to the police and then taken notes of the tram number, the stop number, the police persons name and badge number, the Authorised Officer name and id and then reported them. There would be some video somewhere and even if there wasn’t you could just explain where you walked from and to and that there is no reason for you the even be on a tram. The fact that you paid the “fine” is almost the same as admitting guilt.
>Why on earth didn’t you stand your ground?
My guess is that, for this person, in this circumstance, $75 was a lower cost than the amount of time, hassle and even anxiety that this would have cost. Personally I may have done the same, purely as a mental health self preservation exercise. Getting sucked into this cycle of persecution and injustice could well send someone spare.
Then again, maybe he just didn’t have a pen handy?
My son topped his card up at the station but the card reader wouldn’t let him “touch-on” so he boarded the train. At his destination he voluntarily approached an Authorised Officer and told him what had happened. The officer agreed that he’d tried to pay, and said he would probably get off if he appealed, but he had to give him a ticket. Presumably this counted towards his quota.
Waiting to find out if they’re going to proceed
I have been in the same circumstances as your son. I was issued the fine, and wrote a letter to the TTA to explain. Their response implied that they still considered me in the wrong, but would give me a once-off “discretionary” waiver of the fine. Presumably if I’m ever again at the mercy of faulty Myki equipment, I can expect the resultant fine to stand.
This is all too common these days. It happened to me too. I got onto tram, tried to touch on, machine wouldn’t read. Then I saw lady getting on next to me had issues touching on too. Then I had to move in away from the entrance to make way for other boarding passengers. Later the inspectors came. I said I tried to touch on but the machines just weren’t working. He then told someone to test it and there weren’t any issues with it BUT this doesn’t prove it was working at the time when I boarded. He then quickly asked me whether I want to pay on the spot fine. I told him I already said I tried to touch on. Same thing, marched off the tram having to explain myself over and over again. Six months later I got the infringement notice. I wrote in explaining my situation and I got back a response along the line of abosolute liability on me to have a valid myki regardless. I then proceed to write back that I would like to go to court. The incident happened in Dec and I am still waiting for my court hearing date. This thing is just hanging around like an albatross around my neck for way too long. Appreciate if anyone knows how I can get a quick resolution out of this?
Hi Julian and co, how does one go about getting in contact with you regarding myki fines? thank you, Jonathan
burnside@vicbar.com.au
thank you Julian
This type of behaviour from government officers absolutely sickens and frustrates me. Then further, if the innocent man was to get upset and aggressive in an attempt to protect his rights, more than likely, he would have been arrested and charged. If it feels wrong then it probably is and documenting or video recording the situation may help. I hope this man receives karmic redemption! and karmic punishment upon the officers!
I recently got on the tram at the end of my street. The myki would not validate. The ticket inspector was already on the tram so I demonstrated to him how the ticket would not validate. He suggested I try another machine on the tram, which I did and it worked. I thanked him adding that I thought if it didn’t work on one it wouldn’t work on the others. I then sat down, he just nodded and motioned to the other ticket inspectors who came over and proceeded to read me my rights. So before I had even reached the next tram stop I was being fined. Outrageous, I could have avoided a fine in this scenario. I refused the on the spot fine and assured them I would be appealing. A waste of time for all concerned. A humiliating experience that made me very angry.
My wife recently came into town using the train to meet me after work. She boarded at Footscray where she attempted to touch on, when the machine didn’t make a noise she tried again with (she wanted to make sure she had touched on) with the same result and believed she had touched on. It should be noted that the barrier gates were open. When she arrived at Flinders St she attempted to touch off and exit the station the gates refused to open and when she approached one of the people manning the barriers (not usually the actions of a guilty person) they told her she had to talk to the authorised officer. Now we’ve got the fine in front of us and it seems it’s off to court we go.