INCORRECT License Details on Infringement Notice

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dickytim

2514 posts

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Inactive user

#1582403 29-Jun-2016 06:29

Wheelbarrow01:

A few years ago I got a stationary infringement for my vehicle being parked in X Road with a (recently) expired registration label.

Unfortunately for him/her, the ticket issuer (council officer) wrote Y Street on the ticket, which was actually the next street over.

I wrote a polite letter to council advising that I could provide photographic proof that on the day in question, my vehicle was not parked in X Rd, and questioned what other details on the ticket might be incorrect. I never actually offered them the photographic evidence (even though I had it), nor did I advise them exactly what road I was parked in.

I received a letter back from council advising that they acknowledged their error, and that there would be no further action taken by them. Had they refused to cancel the ticket I would have just paid it.

There will of course be the naysayers with the opinion that I broke the law and should have paid the penalty etc. However I argue that when renewing registration, it is always back-dated to when the previous label expired anyway, so if I do happen to renew it a few days late, I am not rorting the system or somehow getting something for nothing, ultimately the crown is not missing out on revenue, so I don't see why I should be penalised. Police officers almost always allow a period of compliance in such instances, and in any case the lack of registration does not make the vehicle any less safe to me or any other road user.

I think the OP is quite within his/her rights to question the validity of the ticket. Letting a ticket error slide might seem like a small thing, however we must hold people in positions of power to account, as accuracy and truth are the very cornerstones of justice. Teina Pora allowed the Police to tell him what happened that fateful night and unfortunately he didn't have the mental capacity to say otherwise. While an extreme comparison, that terrible situation demonstrates that in some instances, we should let facts get in the way of a good story....

Usually you can also get out of the tickets from the council the same way you do with the police by taking the receipt once you pay your rego. Fortunately here is NZ we realise accidents happen and people can forget for a bit that the rego was due, I have heard of the rego being out by 3 months and tickets being waived once the rego was paid and presented.

IMHO the OP is not likely to get out of the fine, if it were a camera fine it goes to the vehicle owner, it is on them to identify the driver if it wasn't them. So long as the car details are correct I would think the fine applied to the car, the driver can then dispute he was not the driver but would have to identify who was the driver.

Linuxluver

5828 posts

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#1582410 29-Jun-2016 07:25

freitasm:

I have removed a post with a moral judgement. The OP asked a question about technicality of a ticket, not if he was guilty of something or not.

Keep on topic folks.

Surely seeking to dodge a ticket for something you actually did do is very much on topic. It goes right to the heart of the issue of offending the OP raised.

Or we see a future thread: "I'm charged with murdering my best friend. I did do it, but they mixed up the DNA samples with someone else's.....how do I get off the charge"?

No moral response appropriate?

I accept your opinion, and you're the boss around here, but I don't agree with the implicit tolerance of petty corruption.

Feel free to delete this after you read it.

_____________________________________________________________________

I've been on Geekzone over 16 years..... Time flies....

sxz

761 posts

Ultimate Geek

#1582419 29-Jun-2016 08:29

It's a proof thing. Look at your ticket and see whether they can prove YOU broke the law based on the other information on the ticket. If they can't, you might be in luck. Try ringing a traffic lawyer, most would give you an answer for free over the phone in about 2 minutes.

frankv

5680 posts

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Lifetime subscriber

#1582435 29-Jun-2016 09:05

Linuxluver:

Surely seeking to dodge a ticket for something you actually did do is very much on topic. It goes right to the heart of the issue of offending the OP raised.

Or we see a future thread: "I'm charged with murdering my best friend. I did do it, but they mixed up the DNA samples with someone else's.....how do I get off the charge"?

No moral response appropriate?

Speeding is a LEGAL, not moral, issue. Moral issues relate to driving with due care for others (i.e. safely), which is quite different from driving legally.

Attempting to "dodge a ticket" is allowed by our laws. The law says that the Crown must do certain things (e.g. prove that they did it) before it can penalise a person. If those things aren't done (correctly), then the person can't be penalised. Rather than talking about "dodging a ticket", what we're really talking about is showing errors in the Crown's process... if there are errors which mean the Crown hasn't met its obligations then the ticket is invalid.

myopinion

938 posts

Ultimate Geek

#1582443 29-Jun-2016 09:29

I got a speeding ticket once for 10 k's over but the officer forgot to insert the actual speed I was going. I ignored the notice and three months later I got a letter saying due to a clerical error the ticket has been waived.

myopinion

938 posts

Ultimate Geek

#1582444 29-Jun-2016 09:30

By the way, always ignore the first ticket as you will get a reminder.

Sounddude

I fix stuff!
1928 posts

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#1582457 29-Jun-2016 09:56

I would just pay it. If the licence number is wrong, then they can't take the demerits from your licence. (Unless they do some more groundwork).

If you start to query it, they might dig into it further.

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scuwp

3885 posts

Uber Geek

#1582480 29-Jun-2016 10:25

Sounddude:

I would just pay it. If the licence number is wrong, then they can't take the demerits from your licence. (Unless they do some more groundwork).

If you start to query it, they might dig into it further.

The licence number is incredibly easy to link to the person. If they got the number wrong (which is the main point of reference for driver ID) it will show up that the persons name is not the same as on the ticket. This *could* lead to questions as to identity of the driver, i.e. was it the person who's licence # is on the ticket, or whose name is on the ticket? Given it's a lower grade offence the Police *could* quite possibly just dump the ticket and take no further action as identity is in question.

In the near future they will just scan the various bar codes on your car and licence and the ticket automatically gets populated, removing some of the 'human' error out of the process.

IANAL but the suggestion to wait until the reminder comes out is perhaps a valid option, although don't let it get past the 2nd 28 day period as it then goes to the courts to sort out and they add even more costs. As mentioned before, if you write in it kind-of confirms that you are the recipient of the ticket and therefore confirms the correct identity. Whether they will bother rectifying it with having thousands of tickets to process daily is a gamble at best.

Lazy is such an ugly word, I prefer to call it selective participation

Xile

155 posts

Master Geek

ID Verified

#1582489 29-Jun-2016 10:44

Yes driver license numbers are individual.

What will likely happen is that when the infringement comes to be entered into the system the data entery person at the Infringement Bureau will see that the license number does not match the details of the named person i.e. you.

It may well be that the officer who wrote the ticket has realised their errors and already corrected it. If he/she hasn't then he/she will be notified by the Infringement Bureau when the ticket is entered as above.

The ticked details will be corrected and entered into the system or the ticket cancelled and a new one issued. If after 28 days from issue you haven't paid the infringement then a reminder notice will be issued.

So as suggested you can wait the 28 days and see if a reminder notice is issued.

Or you can be proactive and write to the Infringement Bureau pointing out the obvious error and as suggested query what other errors have been made, like did the officer identify your vehicle correctly , correct alleged speed etc.

Linuxluver

5828 posts

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Trusted

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#1582862 29-Jun-2016 17:31

frankv:

Linuxluver:

Surely seeking to dodge a ticket for something you actually did do is very much on topic. It goes right to the heart of the issue of offending the OP raised.

Or we see a future thread: "I'm charged with murdering my best friend. I did do it, but they mixed up the DNA samples with someone else's.....how do I get off the charge"?

No moral response appropriate?

Speeding is a LEGAL, not moral, issue. Moral issues relate to driving with due care for others (i.e. safely), which is quite different from driving legally.

Attempting to "dodge a ticket" is allowed by our laws. The law says that the Crown must do certain things (e.g. prove that they did it) before it can penalise a person. If those things aren't done (correctly), then the person can't be penalised. Rather than talking about "dodging a ticket", what we're really talking about is showing errors in the Crown's process... if there are errors which mean the Crown hasn't met its obligations then the ticket is invalid.

I don't really know what the "moral issue" was. But I can't see my post, so I assume it was mine. You'd have to ask The Boss.

Absolutely clear it's a legal issue...and if someone confesses to the legal offense and then asks how to get off on a technicality....well....that's a "legal" issue, too.

You can split all the hairs you like. Make a wig. Doesn't change a thing.

But I understand this is one of those things that if you have to explain it, you're wasting your time.

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I've been on Geekzone over 16 years..... Time flies....

Rikkitic

Awrrr
18660 posts

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#1582863 29-Jun-2016 17:36

First, I would echo those who say give Geekzone another go. In any group of people you are always going to get a few nitpicking rush to judgement types. In my experience, Geekzone has about the highest level of civilised, respectful discourse you are likely to find on the interweb. Most people here are helpful and many are very helpful. They can also be critical and there is nothing wrong with that.

As to getting out of the ticket, I can only speak for myself. The law is often inflexible and sometimes downright stupid. I think the law that says you cannot exceed the speed limit even briefly to safely overtake is wrong, but it is the law. When I do it (not often), I know I am breaking the law and I am prepared to accept the consequences. You can always challenge the ticket and at least explain your version of events and possibly get a reduced penalty. I would probably try that because I strongly feel the law in this case is wrong (otherwise I would never even contemplate breaking it). But in the end I would pay the fine.

Plesse igmore amd axxept applogies in adbance fir anu typos