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Interstate Speeding Fine Court Attendance
Hi everyone, I’m about to attend court in Canberra over a traffic fine (46 in a 40 zone, speed camera); but I live in Sydney.
They have sent me a summons to attend and aking me fill it to admit to being the defendant “I, XXX defendant intend to dispute… etc” and “Defendant’s signature”. So naturally I would write “I ‘do not consent to being surety for’ the defendant…” and put a line through “defendant’s signature”. They also say that I can attend the mention in person.
I thought it was safer to attend the mention in person because if I posted their form, I don’t know how they will interpret this.
So if I do attend the mention, am I correct that I wouldn’t have the chance to go through the non-consent process, and that I would have to come again? Or is it possible to have this matter sorted out right there?
I also want to take this opportunity to request for a subpoena of the manual for the speed camera device. Would the mention for the hearing be an appropriate time to do this?
Is there a way for me to request for this matter to be heard in Sydney, or somehow communicate that it’s not reasonable for me to have to travel this far to have to defend myself?
Additional background:
In terms of the process: because the way they presented my name in Canberra is different from my NSW licence: In NSW the licence says “First name LAST NAME” but the infringement that came to me was “Last name, First name”.
In the first instance I asked them to send the infringement again in the name that appears on my NSW licence. They refused to do so over a dozen emails; and so I asked them for proof of claim through legislations or regulations under the law that the name “Last Name, First Name” and “First name LAST NAME” is the same. They refused to provide any proof but the offier copied what some guy wrote on Quora as evidence.
Throughout all the correspondences I have never admitted or denied anything, I have only been asking them questions. But they repeatedly said that I “disputed” the fine, and my only dispute was that I disputed the idea that I disputed, and I just asked them to send me the fine in the name that appears on my licence.
Because of this, I’m also intending to make it clear in court that I have never disputed this fine, and I have only asked the infringement to be sent in the name that appears on my NSW licence, and in fact, they also sent my court summons in the NSW licence format as well. I am thinking of telling the court that I don’t want to waste the court’s time
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4 Replies
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it is better to start a three step notice with affidavit if you are going to attend court. Then you will have an agreement established. You always ask questions because if you make statements then the burden of proof will switch from them (the claimant) to you. So you ask questions requiring them to provide evidence and if they fail, refuse or neglect to supply you with valid answers to your questions then they have no claim. This module has examples of a three step Notice process…..https://solutionsempowerment.org/p/module-19-options-to-deal-with-infringements/
solutionsempowerment.org
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You also need to watch this and buy the module underneath if you want to be fully prepared for court and do lots of time roleplaying……https://solutionsempowerment.org/webinar-court-role-play-how-to-competently-address-court-win-your-case-and-or-have-the-case-set-aside-sine-die-or-dismissed/
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hihi thank you for your reply! i have purchased that module pack before and listened to this three times. i haven’t done this process because basically never even reached that stage yet — because when the infringement first came, i saw that the name was an issue, so I asked them to reissue the fine in the correct name of the legal fiction that I own, and if they didn’t do so it was OK, just provide proof of claim that these two names that clearly look different are the same entity. I asked them to provide proof of claim 3 times, and twice, to two different people — they ignored everything, and I also sent two private default judgement, they didn’t object to any of this, so I believe that this was over.
so my question is will I be able to bring up these points in the mention? Because in the mention I guess I’m expected to plead guilty or not guilty. Is this the time to go through the non-consent process?
and would I be able to request the court to subpoena the manual for the speed camera?-
I’m not sure what the process is to acquire the manual. They never respond to Notices or at least don’t answer questions because it will incriminate them and that is what gives you the agreement with them. here are some things for court
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