*555 infringement

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Discussion

Luke2152

Original Poster:

16 posts

99 months

Wednesday 24th August 2016
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Well i had a lovely tourists welcome to NZ today. Driving a hired van on rural roads. Copper pulled me and says he's had a complaint about my driving. Waits for an elderly couple to arrive and take a statement from them. Then issued me with a ticket for failing to stay within my lane. Some would call that apexing. I of course say my driving was exemplory and i never left my lane except to safely overtake. The fact is the policeman wasn't there to see it and took other motorists word for it over mine. Anyway i need some practical advice on how to deal with this.
  • I can write in to infringement bureau and try to explain but my friend tells me that they just send an automated reply saying we considered you explanation but no change.
  • im pretty sure they would drop the case if i took it to court being their word against mine but im away to UK in 3 weeks so i can't do that. Could i request a court hearing and submit a letter to the court without attending?
  • i don't want to just ignore it as i have ties to NZ and may come back for good. Maybe just pay my 150 and be glad they can't give me points.

GravelBen

15,913 posts

237 months

Thursday 25th August 2016
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Strange, I didn't know they could issue tickets based on an accusation with no evidence. Certainly sounds like it would be worth contesting, but I don't know what the best way of going about it is.

TVRnutcase

156 posts

237 months

Thursday 25th August 2016
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Luke2152 said:
Well i had a lovely tourists welcome to NZ today. Driving a hired van on rural roads. Copper pulled me and says he's had a complaint about my driving. Waits for an elderly couple to arrive and take a statement from them. Then issued me with a ticket for failing to stay within my lane. Some would call that apexing. I of course say my driving was exemplory and i never left my lane except to safely overtake. The fact is the policeman wasn't there to see it and took other motorists word for it over mine. Anyway i need some practical advice on how to deal with this.
  • I can write in to infringement bureau and try to explain but my friend tells me that they just send an automated reply saying we considered you explanation but no change.
  • im pretty sure they would drop the case if i took it to court being their word against mine but im away to UK in 3 weeks so i can't do that. Could i request a court hearing and submit a letter to the court without attending?
  • i don't want to just ignore it as i have ties to NZ and may come back for good. Maybe just pay my 150 and be glad they can't give me points.
Something missing - they say you "not staying in lane" - you say "Yes I was" - then what is the corroboration - or did you say "Er I might have slipped a bit" - Bang - they will nail you.

Easy way - contest it - written statement of facts is required from all parties - and there is the "Disclosure of Evidence" - if it is flatly two opposing words - the police are unlikely to run with it - as they would be wasting time.

BUT - for $150 - Is it worth it.

Secondary point - just because the ticket says "no points" - check the charge - it is still likely to have points attached - these come through automatically.

Luke2152

Original Poster:

16 posts

99 months

Thursday 25th August 2016
quotequote all
There's nothing substantial missing from the story - only details. Only other bit is they said I overtook dangerously which I didn't get ticket for. And that I was speeding which I was genuinely not (maybe fast for the conditions but 1000% not speeding). I didn't slip and I insisted from the start I had done nothing wrong. There was no other corroboration.
The policeman said 'Nah they was old why would they lie'. I asked to talk to his boss (via radio) and the boss said 'Well they wouldn't have phoned us if you weren't driving badly' and 'I watch UK police shows on TV and they are pretty harsh on traffic offenses so you can consider yourself lucky'. I'm seriously pissed off over this.
Up until he gave me the ticket I was being super polite but feeling smug because I thought all he can do is tell me off.
When I say no points I'm meaning they won't be adding any to my licence as its a UK one.

mark387mw

2,188 posts

274 months

Thursday 25th August 2016
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Wasn't there a story on Fair Go last year very similar to this. You'll need to look it up but I'm sure the accused of 555 managed to get off the accusation.

I'll see if I can find it...

klootzak

660 posts

223 months

Thursday 25th August 2016
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Luke2152 said:
When I say no points I'm meaning they won't be adding any to my licence as its a UK one.
They issue a "ghost" NZ licence in your name and add the points to that. It doesn't matter very much unless you acquire enough points to be banned, or want to apply for an NZ licence before they expire.

I finished up with a brand new licence that already had 80 demerits :-(

k

dobly

1,289 posts

166 months

Thursday 25th August 2016
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Hi Luke,

This is the topic-du-jour in these parts, as a significant number of locals have been killed by tourists in recent weeks & months - just the other day a motorcyclist was taken out by a tourist who crossed the centre line to look at the view of the beach.
Often, tourist vans are driven badly by people with no experience of anything bigger than a Micra, both slowly and waywardly - locals don't expect to be overtaken by a tourist van!
For you to be issued with an infringement notice based on the statement of an old couple is a bit rich. I'd ask for visual evidence - if there is none contest it. I'm not sure in practical terms what that would entail though, sorry.
If "failing to stay within the lane" was enforced fully over here, most of the population would be in jail by now for non-payment of hundreds of fines each!

caziques

2,652 posts

175 months

Tuesday 30th August 2016
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First things first - the police HAVE to issue a reminder notice for any infringement offence. This will happen about five weeks after the date of the original offence. It will be sent to whatever address given at the time.

If you are back in the UK by this time, and a Reminder Notice is sent, I would suggest toss it in the bin without opening.

It will then get passed to "collections", who will file it in the too hard basket.

There is no practical way for it to be enforced.

It cannot be charged to a credit card.

A few years ago the authorities were moaning about all the visitors to the country who left without paying infringement notices, nothing was done because nothing can be done.

There is very close co-operation between NZ and Oz on lots of matters - an Oz speeding ticket got to me in NZ, in the bin, been back to Oz without any issues.




TVRnutcase

156 posts

237 months

Tuesday 30th August 2016
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Ignoring it is not good advise (or advice)

You may want to come back to New Zealand.

It is entirely possible to contest the ticket and is worth persueing ... You may need representation, and it may be dropped before getting to court,

Need to get the ball rolling with a Disclosure Request of Evidence... Or something similar. The system is designed to keep these things out of court.

I just back from the UK.. And tickets on the way... Why ignore them... Tax under another name, albeit I did probably speed..maybe

Luke2152

Original Poster:

16 posts

99 months

Tuesday 30th August 2016
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Have sent a letter to the infringements bureau basically saying I know my driving was legal. Why did the cop believe the 3rd party despite there being no physical evidence. Maybe because of the bad press tourist drivers have received lately (good point dobly!). Finished by saying I'd like to request court hearing if necessary but hopefully it doesn't need to go that far.

Also sent a similar letter to independent police complaints authority.

Both letters have my UK address so until about this time next month when I go home, we will have to wait and see.

A44RON

517 posts

103 months

Monday 5th September 2016
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Good on you, I'd fight it all the way. Especially as the officer said something along the lines of "I've watched UK cop shows and you've got off lightly" - if he paid attention to the shows and how UK police use logic and discretion, they'd have let you off with a warning instead of trying to fill their $$$ coffers.

Revenue gathering and lack of real police work at its finest

Simpo Two

87,068 posts

272 months

Friday 9th September 2016
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Dropping in briefly with some logic - if all a policeman has to do to issue a ticket is listen to tales from a third party, all we have to do is think of a random registration number and say 'I saw him do 150mph, honest occifer' and he'll go to jail. That's plainly legal insanity.

GravelBen

15,913 posts

237 months

Saturday 10th September 2016
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Should have taken the police car's registration and reported it for dangerous driving... wink

Luke2152

Original Poster:

16 posts

99 months

Monday 24th October 2016
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To follow this up I'm back in UK now. Have had no reply from the police infringements bureau. I got a reply from the independent police complaints authority saying they don't deal with complaints that involve infringements.

rubystone

11,254 posts

266 months

Sunday 6th November 2016
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Luke2152 said:
To follow this up I'm back in UK now. Have had no reply from the police infringements bureau. I got a reply from the independent police complaints authority saying they don't deal with complaints that involve infringements.
I got a ticket for speeding in 2006. The policeman made it quite clear that as I was leaving before the ticket was due payment, I wasn't to worry about it. I've been back several times since without a welcoming committee waiting for me. Don't worry about it.