Strictly speaking this is a follow up to “another speed camera rant”, but that thread is getting cluttered up – as a result of recent happenings now is the time for this……………..
As the Police have chosen to ignore a High Court judge, everyone (everyone who can be bothered that is), can fight any motoring ticket – with almost zero risk. And the more tickets that are argued, the lower the risk!
In the Christchurch High Court, Justice John Hansen – Climate Zone Holdings Ltd v Police, 28/02/2008.
“The back of the (Reminder) notice states:
“If you wish to deny liability in respect of the alleged offence, you must, within 28 days after service of this notice, write to the informant at the address shown on the front page of this notice requesting a hearing in respect of the (alleged) offence……….”
(Justice Hansen) That, of course, as is conceded by the crown, is completely wrong. What is required under the relevant provisions of the Act is that the notice requesting a hearing is to be received within the 28-day period. That is not what is said, and inevitably, what is put on the back of the notice means that anyone receiving it would think they could write properly claiming a hearing up to and including 28 days after service. Why such a gross error appears in a form that must be issued thousands of times I am unaware. One can only hope that it is immediately corrected.”
The Police chose to ignore these recommendations. At the very worst, fighting a ticket may mean having to pay the fine and some additional costs. But my experiences show that the chances of this happening are surprisingly small – with the right defence (and some time and effort) the chances are that the case will never even make it to court – and any hearing that does make it to court will be illegal (and open to High Court appeals).
So, to fight back against the system, follow these steps. Even if you intend to pay the fine, following the steps will delay payment for many months (and will also delay any demerit points and reduce the time they apply for, demerit points are not applied until a fine is paid).
1. Always wait for the Reminder Notice, even the Police have to send one by law.
2. One day before the due date (helpfully shown), write and put into the post a letter. Put your name, address, Reminder Notice reference number and write the following “Without a copy of the original ticket a hearing is requested”. Don’t forget to sign it and put it into the post BEFORE the 28 deadline. KEEP A COPY OF THE LETTER.
3. If the ticket is for a speed camera write “Without a photograph to identify the person responsible a hearing is requested”.
4. The Police will almost certainly write back saying either you were too late to ask for a hearing or ignoring your request entirely – and saying you have to sort the matter out with the Ministry of Justice.
5. The waiting game. You will have around three months to wait before going to your local court and completing a Form 57, (to correct an irregularity in proceedings). The Form can be completed any time after six months and one day from the date of the alleged offence. Tick the box that says something like” you believed on reasonable grounds that a hearing was requested”. Despite the fact that a Form 57 is a sworn document you may be required to show a copy of the letter (above). It’s quite possible the court will chase payment of the fine during the three months, if you are the panicking sort contact the Fines collection centre and say you are going to complete a Form 57. Due to an overloaded system the court will not enforce fine payment without giving you plenty of opportunity to pay.
6. The reason for waiting six months and one day (from the date of the alleged offence) is that the in law the matter cannot continue IF the Police send a fresh Reminder Notice. Sending another Reminder Notice appears to be the only way the Police can deal with the matter – and is an admission they have messed up. You can only get a Notice of Fine if you have not paid the fine and NOT requested a hearing.
7. There is a procedure to deal with a Reminder Notice that is out of time, to keep this posting to a reasonable length I won’t go into it now, suffice to say that someone I am helping, whose alleged offence dates back to November 2007, has just had his request for a hearing to a recent Reminder Notice rejected as being outside the 28 days. He has proof it was posted within 28 days – and if it ever gets into court it will be around a year old. (The reply to the first Reminder Notice back in February was almost identical).
8. Bear in mind there is some running around which will take some time – but the monetary costs are minimal. If you value your time then pay the fine, if you want to have some fun and save yourself money (and possibly your licence) get writing.
Note that only one out of around 20 cases I have been involved with over the last few years has resulted in a guilty verdict in court, and the defence was very poor. All the other cases have been dropped or withdrawn saving innocent motorists over $2000.
That’s it for now, I’ll do my best to answer any queries (or criticism). No, I don't have demerit points, nor do I have any personal cases in the system.
Don't forget to donate any savings to kiwibiker.
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Originally Posted by sidecar bob
a poor attempt.. 
Live a little, bro.
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