No summons received, just got statement of fine and penalty!

Court proceedings and Legal Process
ewokracing
Posts: 6
Joined: Mon Apr 29, 2013 8:51 am

No summons received, just got statement of fine and penalty!

Postby ewokracing » Mon Aug 12, 2013 6:33 pm

So earlier this year I avoided a car and went through a red light in order to avoid getting rear ended and hitting a car in front.

I opposed paying the fine and after lots of letters etc, elected to go to court.

I received a Court Request letter in May this year, saying I would later receive a summons.

The summons never arrived and I have just found a letter in my mailbox saying that I didn't turn up to court last week and here's a fine to pay.


Now, obviously I'm fuming because I wanted my day in court to explain the circumstances and also to point out that the red light in question has the incorrect timing.

Can I get in touch with the Magistrates's Court to explain how I never received the summons or am I wasting my time?

thanks.

Hardy
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Location: Melbourne Victoria
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Re: No summons received, just got statement of fine and pena

Postby Hardy » Mon Aug 12, 2013 7:21 pm

You need to attend a magistrates court and complete the application for a re-hearing. Then serve that paperwork on the police, then attend the court for the re-hearing application, then you will get back into the contested hearing list.

ewokracing
Posts: 6
Joined: Mon Apr 29, 2013 8:51 am

Re: No summons received, just got statement of fine and pena

Postby ewokracing » Wed Aug 14, 2013 1:35 pm

Thanks Hardy. I'll be going in tomorrow.

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: No summons received, just got statement of fine and pena

Postby Hardy » Wed Aug 14, 2013 1:50 pm

The alternative is to attend the magistrates court and sign an appeal against conviction to the County Court. That will get you a re-hearing before a judge which can sometimes be better than getting dragged through the magistrates court system and ending up in front of a JR.

Smiling Assassin
Posts: 77
Joined: Fri May 11, 2012 8:11 am

Re: No summons received, just got statement of fine and pena

Postby Smiling Assassin » Wed Aug 14, 2013 6:34 pm

Agreed Hardy - however, if you lose before the JR then you can appeal that decision and have it heard before a real Magistrate! Then if you lose in front of that magistrate, appeal to County Court. Depends how many bites at the apple you want!


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