Caught at slightly over 100, don't laugh too much.
Discussion
Now this story has reached some sort of conclusion some of the finer points can be revealed. Last October a couple of cops claimed I had been driving a Honda Logo at 123 (straight road out near Oxford in Canterbury) because their readout said so, dspite asking three times how the figures were related to the vehicle I was driving, no real evidence was forthcoming. Anyway a Reminder Notice duly arrived, so again I asked for all the evidence - and got sent a copy of the ticket! and a new Reminder Notice. Again I asked for all the evidence "because without it I had to deny the allegation and request a hearing" (the actual words used were a lot more complicated and the Police Infringement Bureau couldn't understand them).
Inevitably a Notice of Fine turned up, and nearly four months had passed - so the next stage was filling in a Form 57 a month later (to correct an irregularity in proceedings) - the reply to this took.....three months. A judge at the Rangiora court had finally looked at the paperwork and decided I can have a hearing on the 4th August - the total time would then have been ten months from the original date. Four days before the hearing a message was left on my phone from the Rangiora Police stating that the case was being withdrawn and I didn't need to turn up. The reason given? the Police Infringement Bureau have mislaid the paperwork.
I went along to the court at the right time to file a claim for costs, the cheeky Registrar said I should be grateful the case had been withdrawn and had never heard about anyone claiming costs for something like this, and didn't have any forms in any case.
So I've picked up the forms from Christchurch, and will be submitting my perfectly reasonable claim for $608 which includes membership of www.pepipoo.com
With some foresight I had also slipped in to the "deny the offence and request a hearing" routine something along the lines "on the understanding that all and any reasonable and necessary costs in the preparation and defence of this case will be reimbursed if the allegation is not proved", which the Police have never challenged, it may be interesting in the disputes tribunal.
Until fairly recently I was a bit paranoid about the judicial process, now I realize that you can have a huge amount of fun at almost zero cost - in fact a group of us have personally cost the court system, and even more satisfyingly the Christchurch City Council parking unit, a few thousand dollars this year, and there is still five months to go. Anyone else want to join up for the fight?
Inevitably a Notice of Fine turned up, and nearly four months had passed - so the next stage was filling in a Form 57 a month later (to correct an irregularity in proceedings) - the reply to this took.....three months. A judge at the Rangiora court had finally looked at the paperwork and decided I can have a hearing on the 4th August - the total time would then have been ten months from the original date. Four days before the hearing a message was left on my phone from the Rangiora Police stating that the case was being withdrawn and I didn't need to turn up. The reason given? the Police Infringement Bureau have mislaid the paperwork.
I went along to the court at the right time to file a claim for costs, the cheeky Registrar said I should be grateful the case had been withdrawn and had never heard about anyone claiming costs for something like this, and didn't have any forms in any case.
So I've picked up the forms from Christchurch, and will be submitting my perfectly reasonable claim for $608 which includes membership of www.pepipoo.com
With some foresight I had also slipped in to the "deny the offence and request a hearing" routine something along the lines "on the understanding that all and any reasonable and necessary costs in the preparation and defence of this case will be reimbursed if the allegation is not proved", which the Police have never challenged, it may be interesting in the disputes tribunal.
Until fairly recently I was a bit paranoid about the judicial process, now I realize that you can have a huge amount of fun at almost zero cost - in fact a group of us have personally cost the court system, and even more satisfyingly the Christchurch City Council parking unit, a few thousand dollars this year, and there is still five months to go. Anyone else want to join up for the fight?
But it wasn't a civil proceeding, you can't go to the Disputes Tribunal.
I would walk away and save your indignation for next time you get booked. "May I please have all the evidence requested. Last time you withdrew at the court steps causing me a lot of unnecessary time, cost and aggrevation."
Also be aware that the various Courts and Tribunals
have discretion that they occasionally exercise in unpredictable ways. The first time I went to Court (on a non-work related matter) was to defend a $35 illegal parking ticket. Armed with photographic evidence, survey details, and an expert affidavit it was looking good.
The ticket was set-aside and they awarded $185 court costs . . . . against me
The application for costs was the mistake and the 'upstart' was going to be taught a lesson.
I've since learnt to pick my battles and that vindictive use of the Courts will be punished.
I would walk away and save your indignation for next time you get booked. "May I please have all the evidence requested. Last time you withdrew at the court steps causing me a lot of unnecessary time, cost and aggrevation."
Also be aware that the various Courts and Tribunals
have discretion that they occasionally exercise in unpredictable ways. The first time I went to Court (on a non-work related matter) was to defend a $35 illegal parking ticket. Armed with photographic evidence, survey details, and an expert affidavit it was looking good.
The ticket was set-aside and they awarded $185 court costs . . . . against me
The application for costs was the mistake and the 'upstart' was going to be taught a lesson.
I've since learnt to pick my battles and that vindictive use of the Courts will be punished.
Here's a defence I hadn't thought of . . .
Didn't seem to work though
NZ Herald said:
Speeding driver in Canada blames lack of goats
3.20pm Thursday September 7, 2006
OTTAWA - A Swiss driver caught speeding in Canada explained that he had been taking advantage of the ability to drive fast without hitting a goat, police said.
The driver was caught travelling 161km/h in a 100km/h zone in eastern Ontario on Sunday.
"A motorist from Switzerland, used to driving around hills and mountains, takes advantage of the ability to go faster without risking hitting a goat," read the traffic officer's notes of the incident.
Local police said it was the first time they had ever heard of such an excuse.
"I've never been to Switzerland but obviously they must have a problem with that there," said police spokesman Joel Doiron, adding that in his 20 years of service he had never found a goat on the highways of eastern Ontario.
The Swiss driver's imaginative excuse did him little good. Police issued him a $C360 ($515) speeding ticket.
3.20pm Thursday September 7, 2006
OTTAWA - A Swiss driver caught speeding in Canada explained that he had been taking advantage of the ability to drive fast without hitting a goat, police said.
The driver was caught travelling 161km/h in a 100km/h zone in eastern Ontario on Sunday.
"A motorist from Switzerland, used to driving around hills and mountains, takes advantage of the ability to go faster without risking hitting a goat," read the traffic officer's notes of the incident.
Local police said it was the first time they had ever heard of such an excuse.
"I've never been to Switzerland but obviously they must have a problem with that there," said police spokesman Joel Doiron, adding that in his 20 years of service he had never found a goat on the highways of eastern Ontario.
The Swiss driver's imaginative excuse did him little good. Police issued him a $C360 ($515) speeding ticket.
Didn't seem to work though
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