3. How do I challenge an infringement notice?

An infringement notice outlines that a parking warden, a police officer or another enforcement officer designated under the LTA has reasonable cause to believe you are committing or have committed an infringement offence. To issue the notice to you, the relevant authority can:

• attach it to vehicle to which the notice relates;

• personally deliver it to the person who appears to have committed the infringement offence (i.e. by handing it to that person);

• send it to the person who appears to have committed the infringement offence’s last known address;

• if you are a holder of a land transport document, by serving it by post to the last known address for service provided on that document.

Infringement offences are low-level offences that are dealt with outside of the Court process (if you do not challenge the infringement notice) and do not result in a criminal conviction: section 375 CPA. The penalty for an infringement offence is a fine and, depending on the infringement offence, possibly demerit points or a licence disqualification.

Infringement offences include moving vehicle offences (for example, speeding, not wearing a seat belt), stationary vehicle offences (for example, parking illegally, not having a current Warrant of Fitness), overloading vehicle offences, offences concerning logbooks (committed by a transport service driver) and toll offences. Many traffic offences are dealt with as infringement offences. For more examples, please refer to Schedule 1 of the Land Transport (Offences and Penalties) Regulations 1999.

If you do not pay for your infringement notice within 28 days, or do not request to challenge the infringement notice, you will be issued a reminder notice to pay for the infringement. When issued a reminder notice, you can request to pay your fine in instalments: section 21(3A) Summary Proceedings Act 1957 (“SPA”).

If you have been issued with a reminder notice but have not paid for the fine or entered into an arrangement to pay your fine in instalments, you may request a hearing to challenge your infringement by writing to the authority that issued you the notice: section 21(6) SPA. If the authority accepts your request for a hearing, they will file a notice to the court to commence your proceedings.

You should be aware that if the court does not accept your challenge to the infringement offence, you may not remain liable to only the stated fee on the infringement notice but to another fine fixed by the court and court costs. This is not always clear on the infringement notice.

Each offence identified by a number on the infringement notice is a separate infringement offence. You can decide what to do in respect of each offence individually. For example, if you want to challenge an infringement offence, you do not have to challenge all offences on the notice.

If you decide to challenge an offence, you can choose to do the following with respect of each offence:

• raise a matter concerning the circumstances of the alleged offence for consideration by the enforcement authority;

• deny liability for the alleged offence and request a court hearing;

• admit liability for the offence, but request the court consider submissions as to the penalty or otherwise.

Your letter should be clear about the action you wish to take concerning the infringement offence(s), including setting out any submissions you wish the court to consider. You should include the date of the alleged infringement offence, the vehicle registration number (if it is shown on the infringement notice) and your address for replies.

It is a defence that the fees required were paid within the prescribed time: before or within 28 days after the serving of the reminder notice. Some other legal defences to infringement offences are set out within the section that deals with each infringement offence in the LTA.

Where do I send my request for a hearing?

The infringement notice should include an “address for correspondence and payment.” You should send the letter requesting a hearing to this address before or within 28 days after you receive the reminder notice regarding the offence.

What happens when the authority receives your request for hearing?

If you deny liability and request a court hearing:

The enforcement authority will (if it decides to commence court proceedings regarding the alleged offence) serve you with a notice of hearing setting out the place and time the Court will hear the matter. You can choose to seek legal representation at the hearing or represent yourself. For more information about what happens at court, refer to Part 4 of this Guide.

If you admit liability but wish to have the court consider submissions:

The enforcement authority will (if it decides to commence court proceedings regarding the offence) file your letter with the court. You are not entitled to make oral submissions to the court.

Where you are found guilty, or plead guilty, to an infringement offence, the court may order you to pay costs in addition to the fine (if any) and other costs (if any): section 21(9) SPA.

See the diagram in Part 2 of this Guide for a flowchart explanation of how a challenged infringement notice gets to the JP Traffic Court.