Courts problem

[lukehyslop]

A few months ago I got a minor speeding fine (in a cage). Because I wanted to go for CBTA I requested to the police that my case be heard in court. This was to try to keep the points off my licence until I did my cbta. Anyway the police said that they would transfer the case to the courts and that they were out of the loop so to speak. Two months later I got a letter from the courts saying that they had heard the case had been heard in my absence and here was my fine plus court costs etc etc. I never received a summons to the hearing.

Does anyone have any idea what I do from here. I rang the number on the notice but typically got the collections department who couldn't help me.

[Jantar]

A few months ago I got a minor speeding fine (in a cage). Because I wanted to go for CBTA I requested to the police that my case be heard in court. This was to try to keep the points off my licence until I did my cbta. Anyway the police said that they would transfer the case to the courts and that they were out of the loop so to speak. Two months later I got a letter from the courts saying that they had heard the case had been heard in my absence and here was my fine plus court costs etc etc. I never received a summons to the hearing.

Does anyone have any idea what I do from here. I rang the number on the notice but typically got the collections department who couldn't help me.

I have had this happen to me twice.

What you do now is got to the Registrar at your local court with a copy of your letter to the police, and their reply, and request that the case be reheard. Both times that I have done this the verdict and fine has been wiped, and the case hasn't come to court.

[scumdog]

I have had this happen to me twice.

What you do now is got to the Registrar at your local court with a copy of your letter to the police, and their reply, and request that the case be reheard. Both times that I have done this the verdict and fine has been wiped, and the case hasn't come to court.

Good call Jantar, not had any experience of this kind of case but have already PM'ed lukehyslop about it.

[Lou Girardin]

I have had this happen to me twice.

What you do now is got to the Registrar at your local court with a copy of your letter to the police, and their reply, and request that the case be reheard. Both times that I have done this the verdict and fine has been wiped, and the case hasn't come to court.

Aha! a loophole. Court clerk stupidity.

[Ramius]

A few months ago I got a minor speeding fine (in a cage). Because I wanted to go for CBTA I requested to the police that my case be heard in court. This was to try to keep the points off my licence until I did my cbta. Anyway the police said that they would transfer the case to the courts and that they were out of the loop so to speak. Two months later I got a letter from the courts saying that they had heard the case had been heard in my absence and here was my fine plus court costs etc etc. I never received a summons to the hearing.

Does anyone have any idea what I do from here. I rang the number on the notice but typically got the collections department who couldn't help me.

File a Form 57 at court. I requested a hearing and did not get a date. The collections dept should have been easily able to tell you this!

Section 78B of the Summary Proceedings Act, 1957:
Power To Correct Irregularities In Proceedings For Infringement Offences:

(1)--This section shall apply to a defendant who,--

(a) On the filing of a copy of a reminder notice pursuant to section 21 of this Act, is deemed to have been ordered to pay a fine and costs; or

(b) On the hearing conducted following the filing of a notice of hearing pursuant to section 21 of this Act, is ordered to pay a fine or costs, or both.

(2) Where a District Court Judge [or Registrar], on the application of a defendant to whom this section applies, is satisfied, whether on the basis of a statutory declaration or evidence given before the Judge, that--

(a) The defendant did not in fact receive the reminder notice, or a copy of the notice of hearing, required to have been served on the defendant pursuant to section 21 of this Act; or

(b) Some other irregularity occurred in the procedures leading up to the order for the fine or costs, or both,--

the Judge [or, subject to subsection (3) of this section, the Registrar,] may do one or more of the following:

(c) Set aside or modify the order:

(d) Grant a hearing or rehearing of the matter and proceed with the hearing or rehearing immediately or set it down for a later date:

(e) Authorise or require another copy of the reminder notice or notice of hearing to be served on the defendant, and for that purpose require the defendant to specify an address at which personal service, service by post, or service by either method may be effected:

(f) Make any other order as to costs or otherwise that the Judge [or Registrar] considers appropriate in the circumstances.

(3) Where a Registrar exercises power under subsection (2) of this section, the Registrar shall not have authority to set aside or modify the order under subsection (2) (c) of this section.

(4) Where a Registrar exercises a power under paragraph (d) or paragraph (e) of subsection (2) of this section, the order made or deemed to have been made against the defendant shall cease to have effect.

(5) Where a defendant granted a rehearing pursuant to this section does not appear at the rehearing, the Court may, if it thinks fit, without rehearing the matter, direct that the original order be restored.

[lukehyslop]

Hey I filed a form 57 using:
The defendant did not in fact receive the reminder notice, or a copy of the notice of hearing, required to have been served on the defendant pursuant to section 21 of this Act; or
As my reasoning. I got a letter saying declined. The Registrar is not satisfied that you have sufficient grounds to have your application granted under this section.

WTF is up with that of course I wont go to the hearing if I dont get a summons about it. Is there anything I can do from here? file another form 57?

[Jantar]

From here it depends on just what you are trying to achieve. if it is in fact just a delaying tactic, then take it on the chin and pay up.

If you feel that you do have a reasonable defence to the speeding charge, then write to the registrar as soon as possible stating that you are considering appealing to the high court. Ask for copies of court documents that were supposed to have been sent to you including the original summons.

Note that an appeal will be costly. That is why if it is just a delaying tactic it wouldn't be worth it.

[Ramius]

Hey I filed a form 57 using:
The defendant did not in fact receive the reminder notice, or a copy of the notice of hearing, required to have been served on the defendant pursuant to section 21 of this Act; or
As my reasoning. I got a letter saying declined. The Registrar is not satisfied that you have sufficient grounds to have your application granted under this section.

WTF is up with that of course I wont go to the hearing if I dont get a summons about it. Is there anything I can do from here? file another form 57?

In this case, you have said you have tried 2 different tacks. You can only apply for one or the other. You would only apply for not receiving notice of hearing if you in fact did request a hearing in writing to the prosecuting authority, I would assume in this case, it is the police.
As for not receiving the reminder notice, you have to provide evidence that you were not at the address stated on the reminder notice at around about the time that it was sent. Whether you were in the country or not. If you cannot prove either of these, you are shit out of luck.

Hope this helps, any more questions, just yell out.

[What?]

If you really want to waste some dosh, sue the clerk in a civil action for failure to ensure you recieved your summons. But as all you are trying to do is avoid collecting demerit points, you likely won't go there, will you?
You could also write a letter of complaint to the minister for courts, and copy your local MP - this will cost you naff-all and might even achieve something. Maybe.

Who's who: http://www.clerk.parliament.govt.nz/

[Lou Girardin]

As for not receiving the reminder notice, you have to provide evidence that you were not at the address stated on the reminder notice at around about the time that it was sent. Whether you were in the country or not. If you cannot prove either of these, you are shit out of luck.
t.

I don't think he has to prove anything. They have to prove service.

[FzerozeroT]

I filed a form 57 due to not recieving a ticket reminder and getting collection costs, never got a letter that said "we don't believe you didn't get the first letter" and because I didn't reply to the second letter within 14/28 days it got finalised as guilty, of course once they got that they gave me a ring and told me to pay up. Bunch of cunts.

[lukehyslop]

Well I'm done with trying to delay and stall etc so I guess I will just pay up. What really makes me angry is though:
1) I asked the police for a hearing and they did the hearing in my absence without sending me a summons.
2) I filed a form 57 (the clerk at the court did it for me) and they declined it meaning that they either didn't even read it or they dont believe me that I didn't receive the summons. Incidentally they have been sending all my letters to my residential address when they shold have gone to my postal address (which they have on record) so quite understandable for something to not get delivered.
3) There is nothing I can realistically do about it.

I guess I'll just pay up but I'm going to write a letter to the local MP though

[froggyfrenchman]

Ah yes, the new zealand justice system. Need i say any more?

[Storm]

No but I'll give you a hand

%&%%^ ^%^$&*(* & ## $

(kept it kiddy friendly)

[What?]

If you are writing to your MP, DO NOT PAY UP!
If said MP is any use, you may even get the fine wiped, as well as no points.

Make sure you notify the clerk of the court that you have taken the matter to your MP - otherwise the bailiffs might show up.