Myself and 20 odd other people have been fined for having dogs off lead in an area that has been off lead since the

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Customer: Hello, myself and 20 odd other people have been fined for having dogs off lead in an area that has been off lead since the early settlers, parks vic has recently changed this to lead only, which has stopped a lot of people going to the area, my question is can we beat these fines? I have been collecting signatures, have about 200 so far, as parks Victoria is a business and I haven't signed a contract to be involved in this request , do we have to partake? Thanks paul
JA: Have you talked to a Victoria lawyer about this?
Customer: No that's why I'm asking you
JA: What steps have you taken so far?
Customer: Getting signatures from locals against the rule, hoping to take it to local council and then local mp
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have paid one fine under duress, they told me they have been video and long range photos of me and dogs, thes were taken while the rules wernt in place
Answered by John Melis in 5 mins 12 months ago
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John Melis
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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

What is the penalty amount that you received for the dog?

Customer
Gday JOHN it was $330
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John Melis, Expert

Would you like the challenge is penalty?
Customer
I need to know if this is legal? As I haven't signed a contract to agree, with this business
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John Melis, Expert

The penalty that has applied due to the change in regulation is valid. In other words parks Victoria can initiate fines like this.The only way you can challenge is Melbourne is on the basis that you did not receive reasonable notice about the regulation through the local government newspaper or the local newspaper with the changes of rules. Or there wasn't sufficient signs on the Park area.Does this help with your question today?
Customer
Not really parks vic has an abn, so there a business! I haven't agreed to partake in there business, ie, signed contract. Where do we stand?
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John Melis, Expert

Did you use the park? And are there signs around the park saying dogs cannot be off the leash?
Customer
Yep have been using the park for 30 years, until last year , its a 20 km stretch of beach in south west vic, the signs have been put up last year aswell
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John Melis, Expert

If the signs have been put up stating that dogs cannot be off the leash, then the penalties will be valid. Where are the signs of visible to everyone on the beach who enters the beach?
Customer
Yeah there visible, but is it valid if I haven't consented to there terms? Can you answer me about parks being a registered business and a contract that I have to sign before abiding to the rules?
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John Melis, Expert

Beaches, and parks, and any other government owned land is controlled by the government whether it's local Federal. Where there are signs on those lambs that people need to comply with those signs.The fact that you use the park for 30 years or the beach in that particular respect, makes no difference with a sign goes up when it's not your land.With respect to your situation, the penalty would stand and less you please financial hardship before the court.Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.
Customer
Thanks John, you haven't answered the question about being a registered business, and signing a contract,
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John Melis, Expert

With respect to your question about being a registered business and not signing contract, you're now referring to matters of constitutional issues. If you want to challenge this matter in the court you're most welcome to do so under constitutional rules. You need to take this matter into the local court first, magistrates Court, where you fail in that case, you can appeal it to the Supreme Court.Does this help with your question today?
Customer
Ok thanks, ***** ***** not sound like much of a deal , but to a lot of people, its stopped them excersizing. Thanks again
Paul
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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