Quote:
|
Originally Posted by Flubflow
I would appeal but only if I could prove absolutely that, beyond any doubt, I had indeed contacted the FPSU for a request to see the photo. In that case, it is not for the magistrates to fine someone due entirely to the failings of officials to respond. You should have the benefit of the doubt.
You can also ask the magistrates what constitutes "chasing up", i.e. ask for where in the RTA it states for such a specific requirement.
|
Flubflow, I agree with you, it SHOULD be the case. But here's a quandary: how does one "prove" that one has written to the FPSU? For an answer we should refer to the FAQ section on the paperwork sent out by the court. One example question asks how the FPSU can prove the Notice was sent; the answer is that the FPSU provide a statement to that effect, and the court regard that as "Good Service". So wjy is it not the same rule for me?
__________________
Quote:
|
Originally Posted by etccarmageddon
yes it appears you are effectively being asked to be a witness against yourself.
I recon you could have a good chance to get this conviction overturned on appeal. Get a good lawyer!
|
But caqn one appeal against a Magistrates' Court decision? Incidentally I asked what factor(s) had turned the "balance of probability" against me; the magistrate told me rather aggressively I could not challenge the decision there and then (even though I wasn't challenging), and ordered me to leave the court immediately!