What do I do if the traffic fine was sent to the wrong driver?

Question:

I was overtaken one evening by a car without a rear license plate, right by a permanent speed trap. The fine was sent to me indicating that I was doing 104km/h in a 60km/h zone and that I will have to appear in court.

I was however driving at the speed limit. The photo shows the speedster quite a bit ahead of me (proving how fast he was). I have my passenger as a witness that I was not speeding and I managed to get the front license plate number of the speedster when we caught up with him at a traffic light.

My witness has given man affidavit of the night’s events. Can I contest the fine in court and what are my chances of succeeding?

Answer:

Dear Sir or Madam

The fact that this happened at a fixed camera site is in fact a blessing in disguise as there is a requirement in the TCSP guidelines that all fixed speed cameras must indicate in which lane the accused was driving. Incompetent staff in the businesses that provide the back office functions for processing camera infringements regularly mess this kind of thing up and, I suspect, dispatch fines to both parties, believing that both will simply cough up. Obviously that is where number plates are in fact affixed to both vehicles.

In your instance, the scenario is quite different as it is only your details that would be accessible, given that the other party did not have a rear number plate affixed to their vehicle.

If I may ask you to please send me a decent copy of the photograph of the alleged offence, I will be able to advise you further. I would also suggest that you send me the notice number and your ID number so I may check it online.

Best Regards,

Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)