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  1. #61
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    Default Re: traffic fines in post

    Quote Originally Posted by Rigby View Post
    apologies for reviving an old thread , I received sms's from AARTO this week , I then proceeded to log in and find fines dating back to 2013 . I have never received any notification or post ( normal or registered ).

    There are no photos available , what is the current situation regarding outstanding fines , I intend paying my fines but it got me thinking "are the public paying these fines" ?
    The JMPD have never used registered mail, EVER, over the eight (?) years of the AARTO trial period. At some time they used "hybrid mail" which causes the recipient to sign for the mail and collect it, so it seems like registered mail, but it is not REGISTERED as per the AARTO legislation. The difference is to do with the document tracking and something to do with the fact that the notification to collect said mail is generated at the distribution hub and not at source. I don't understand the details, but the Justice Project SA are busy taking the JMPD or is it JMPD and TMPD to court about this very issue. A possible outcome is that every single AARTO fine ever issued and sent by ILLEGAL means to alleged offenders will be declared null and void. I do not know when the court case is due to be heard.

    One possible hiccup is that an enforcement order could have been issued because of your unpaid fines and this WILL BLOCK your vehicle re-licencing transaction. Your only choice then would be to go to court and have that enforcement order set aside because they have never served any of the precursor documents on you in the legislated manner. I believe if you could prove in court that the original AARTO 03 Infringement Notice was not issued to you as prescribed, within 40 days, that they will already be looking at losing the court case. Not to mention the fact that they then failed to bother issuing a Courtesy Letter and then finally serving the Enforcement Order.

    That is the route I would follow, and I certainly wouldn't pay the fines. I have never been to court, but I think I would make an exception in this case and do it with the (paid?) help of the Justice Project. I really do need to join them again - I view their work in the same light as I view GOSA and OUTA. Somebody has to work against the dictators running the show.

  2. #62
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    Jun 2013
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    on the ocean or in the bush
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    1,491

    Default Re: traffic fines in post

    Quote Originally Posted by HadEnuf View Post
    The JMPD have never used registered mail, EVER, over the eight (?) years of the AARTO trial period. At some time they used "hybrid mail" which causes the recipient to sign for the mail and collect it, so it seems like registered mail, but it is not REGISTERED as per the AARTO legislation. The difference is to do with the document tracking and something to do with the fact that the notification to collect said mail is generated at the distribution hub and not at source. I don't understand the details, but the Justice Project SA are busy taking the JMPD or is it JMPD and TMPD to court about this very issue. A possible outcome is that every single AARTO fine ever issued and sent by ILLEGAL means to alleged offenders will be declared null and void. I do not know when the court case is due to be heard.

    One possible hiccup is that an enforcement order could have been issued because of your unpaid fines and this WILL BLOCK your vehicle re-licencing transaction. Your only choice then would be to go to court and have that enforcement order set aside because they have never served any of the precursor documents on you in the legislated manner. I believe if you could prove in court that the original AARTO 03 Infringement Notice was not issued to you as prescribed, within 40 days, that they will already be looking at losing the court case. Not to mention the fact that they then failed to bother issuing a Courtesy Letter and then finally serving the Enforcement Order.

    That is the route I would follow, and I certainly wouldn't pay the fines. I have never been to court, but I think I would make an exception in this case and do it with the (paid?) help of the Justice Project. I really do need to join them again - I view their work in the same light as I view GOSA and OUTA. Somebody has to work against the dictators running the show.
    thanks for the reply , funnily enough I just re- licenced vehicles and didn't have any problem.
    there must be thousands of unpaid fines at the moment !

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