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Non-smoker burnt by $480 fine for smoking in outdoor dining area

More than 200 people across Melbourne’s north have been hit with big fines for smoking — including one woman who hasn’t lit up in 10 years — due to a council botch-up. And all those affected have one thing in common.

Whittlesea Council is investigating the fine, which was sent out by error.
Whittlesea Council is investigating the fine, which was sent out by error.

A Mill Park woman has been fined for smoking in an outdoor dining area, despite not lighting a cigarette for more than 10 years.

And it turns out there were at least 200 other people sent the same incorrect fine — and were instead supposed to get a letter for failing to renew pet registrations.

Kelly Berger told the Leader she was so shocked on Friday morning after receiving the Fines Victoria notice, which demanded she fork out $481, she posted it on social media to find out if it was a scam.

“I am just trying to figure out what on earth this is about,” Ms Berger said.

“If it’s a stuff up then it’s very wide and I’m really angry about it — this is almost half a grand we are talking about.”

The incorrect fine sent to Kelly Berger, despite the Mill Park woman being a non-smoker.
The incorrect fine sent to Kelly Berger, despite the Mill Park woman being a non-smoker.
Kelly Berger took to social media after receiving this fine.
Kelly Berger took to social media after receiving this fine.

Two other residents on Ms Berger’s Facebook post also claimed they had received a fine despite being nonsmokers.

“I’m curious to know how many more are affected by this incorrect fine and if anyone has actually paid it,” Ms Berger said.

Whittlesea planning, partnerships and engagement acting director Julian Edwards said more than 200 smoking fines had been sent out by Fines Victoria on behalf of the council.

But he said they should have been letters about failing to renew pet registrations.

“The error occurred when an incorrect infringement code was sent to Fines Victoria to generate the letters,” Mr Edwards said.

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“We apologise for the mistake and urge residents to disregard the letter. We will be writing to everyone who was impacted.”

A Department of Justice and Community Safety spokeswoman said the fines were issued on information provided by Whittlesea Council.

“Immediately upon being advised by (the council) of these errors, steps were taken to withdraw the notices of final demand and cancel enforcement of these fines,” the spokeswoman said.

Impacted residents are invited to phone Whittlesea Council on 9217 2170 if they have any questions.

anthony.piovesan@news.com.au

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Original URL: https://www.heraldsun.com.au/leader/north/nonsmoker-burnt-by-480-fine-for-smoking-in-outdoor-dining-area/news-story/ad479b81b4dc73106fa2a9ffe385ec22