Strange response from Police Infringement Bureau.

[jaykay]

Without going into too many identifiable details the following incident started near last Christmas.

I was stopped in a town of 15,000 people at 1.15 in the morning for allegedly exceeding the speed limit - 50k zone. No one around, apart from the Police.

I wrote to the PIB with some questions two weeks before the Reminder Notice was due, and also added that I would be "requesting a hearing" if they didn't reply- no response. Wrote again just before the Reminder Notice was due, querying the lack of response and therefore requesting a hearing.

A response has finally arrived - another Reminder Notice! Nothing else, no explanation. So I have another 35 days to decide what to do.

It would appear the PIB want to avoid a court hearing (there's a surprise), and either hope I will pay, or that I will forget to do anything.

Anybody else experienced anything like this before?

PS. I was driving a car.

[FJRider]

Is "requesting a hearing" an option given on the ticket ... ??? As I recall ... you have two options ... (1) Pay the fine (2) go to court and argue your point (whatever that is)

I have been stopped a few times in similar circumstances ... some I got NO ticket, some I DID ... Thats life, pay the fine unless you have a legal arguement why you shouldn't. Sadly ... you and the cop being the only one's on the road is NOT one.

[riffer]

Yep. As FJRider says, the infringement was "exceeding the speed limit". Not "driving at an excessive speed for the conditions". Not really much to argue about here, other than that the law is inappropriate to the situation, and good luck with that one.

[kwaka_crasher]

Yep. As FJRider says, the infringement was "exceeding the speed limit". Not "driving at an excessive speed for the conditions". Not really much to argue about here, other than that the law is inappropriate to the situation, and good luck with that one.

Or arguing that you weren't doing what is alledged. Police and their microwave and LIDAR speed detection aren't infallible - not by a long shot.

[Edbear]

Without going into too many identifiable details the following incident started near last Christmas.

I was stopped in a town of 15,000 people at 1.15 in the morning for allegedly exceeding the speed limit - 50k zone. No one around, apart from the Police.

I wrote to the PIB with some questions two weeks before the Reminder Notice was due, and also added that I would be "requesting a hearing" if they didn't reply- no response. Wrote again just before the Reminder Notice was due, querying the lack of response and therefore requesting a hearing.

A response has finally arrived - another Reminder Notice! Nothing else, no explanation. So I have another 35 days to decide what to do.

It would appear the PIB want to avoid a court hearing (there's a surprise), and either hope I will pay, or that I will forget to do anything.

Anybody else experienced anything like this before?

PS. I was driving a car.

You see, that's your problem. If you were on your bike, it wouldn't have happened... :yes:

[kb_SF1]

Probably 2 options, talk to your local citizens advice team or ask the PIB for full disclosure of the evidence relating to your alleged offence. If this is not provided you may be able to ask for the charge to be with drawn.

[riffer]

Or arguing that you weren't doing what is alledged. Police and their microwave and LIDAR speed detection aren't infallible - not by a long shot.


True KC, but I'd discarded that as nowhere in the OP does it state he DEFINITELY wasn't exceeding the speed limit.

[CookMySock]

ask the PIB for full disclosure of the evidence relating to your alleged offence. If this is not provided you may be able to ask for the charge to be with drawn.The first hearing is usually when things like disclosure are sorted out. No one will be present at that hearing ready to fight - its just a hearing to decide whether we are going to fight or not. At the second hearing, if no disclosure has been provided, that is unfair, and you should definitely ask the person presiding to throw it out.

Steve

[jaykay]

I've had a think about things........

The Police really don't like going to court, it takes a lot of time and resources which they have to pay for.

I have already written to them "a hearing is requested", (which is how you deny the allegation in NZ), and they have ignored it.

If I do nothing, this latest Reminder Notice will be filed in court as an unpaid fine - and if the process after that is similar to Christchurch it will be months or years before it's chased up.

Then it will be Form 57 time, never received a Notice of Hearing.

This will trigger another Reminder Notice etc etc.

The Police only have six months from the date of the alleged offence to file a Notice of Hearing in court - in the event a hearing ever does take place there will be various routes of appeal to the High Court.

This may be premature but it looks like another successful operation.

Friend one: stopped three years ago, speeding, not chased up
Friend two: stopped 2 1/2 years ago and 2 years ago, not chased up
Me: stopped 18 months ago, not chased up. Plus speed camera one, year ago. Not chased.
Son: stopped six months ago, not chased.

Perhaps it's just Christchurch -

BTW speed camera one is a car registered to a company, don't know who it was. Ministry of Justice called me about it, ignored.

[red mermaid]

Are you writing to the correct address, PO Box 9147, I think it is, listed at the top left of the ticket?

[davereid]

The first hearing is usually when things like disclosure are sorted out. No one will be present at that hearing ready to fight - its just a hearing to decide whether we are going to fight or not. At the second hearing, if no disclosure has been provided, that is unfair, and you should definitely ask the person presiding to throw it out.

Steve

I have taken a few tickets to court.I wont just pay 'em if they are stupid, or wrong, I always contest them.

I have always asked for disclosure before the court date, and the police have always provided it.

And, every time I have been to court its been decided on the spot. No waiting for another hearing, or anything like that, just straight to the nitty gritty.

Much like jaykay, I have found that the police aren't very interested in going to court. Several really dodgy tickets have just been withdrawn when I have asked for a hearing. Plus cops get busy, and don't show up, or have left the force and the police can't be bothered with the case anymore, so you win by default.

But Id suggest you show up at the FIRST hearing, ready to rock, with all your witnesses and evidence, as you may not get a second chance.

[red mermaid]

Ignore this advice below, it is completely wrong.

You will receive a notice of prosecution that has the first date for court on it.
At that date you turn up and enter your plea.
If it is guilty, the summary of facts is read out and the JP's tell you the penalty.

In your case as you have said you will contest the notice, you will plead not guilty, and at that time the Court will set a date for that hearing. At that hearing you will have to attend, unless you have a lawyer acting for you, and any witnesses that you wish to give evidence on your behalf.



I have taken a few tickets to court.I wont just pay 'em if they are stupid, or wrong, I always contest them.

I have always asked for disclosure before the court date, and the police have always provided it.

And, every time I have been to court its been decided on the spot. No waiting for another hearing, or anything like that, just straight to the nitty gritty.

Much like jaykay, I have found that the police aren't very interested in going to court. Several really dodgy tickets have just been withdrawn when I have asked for a hearing. Plus cops get busy, and don't show up, or have left the force and the police can't be bothered with the case anymore, so you win by default.

But Id suggest you show up at the FIRST hearing, ready to rock, with all your witnesses and evidence, as you may not get a second chance.

[davereid]

Ignore this advice below, it is completely wrong.

You will receive a notice of prosecution that has the first date for court on it.
At that date you turn up and enter your plea.
If it is guilty, the summary of facts is read out and the JP's tell you the penalty.

In your case as you have said you will contest the notice, you will plead not guilty, and at that time the Court will set a date for that hearing. At that hearing you will have to attend, unless you have a lawyer acting for you, and any witnesses that you wish to give evidence on your behalf.

Err you need glasses.. cos thats what I said. It was someone else said the first hearing is for disclosure, not me.

[breakaway]

davereid, what happens if you take the ticket to court and the JP says you're guilty? Don't you have to pay the fine and the court costs as well? How much are the court costs?

[kwaka_crasher]

davereid, what happens if you take the ticket to court and the JP says you're guilty? Don't you have to pay the fine and the court costs as well? How much are the court costs?

$30. See here (http://www.legislation.govt.nz/regulation/public/1958/0038/latest/DLM11468.html).

There's also an opportunity to increase the penalty from the infringement fee amount up to the amount upon summary conviction as per Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999 (http://www.legislation.govt.nz/regulation/public/1999/0099/latest/DLM280158.html) for many offences, but that does not apply for speeding infringements as there is no provision to do so.