Court Summons

[semiautomatix]

What are the implications of receiving a summons 2 days after the trial date? Since I obviously did not sign for the summons, nor was I aware of the court date (since it took 4 weeks to be delivered as my residential address and not my postal address were used)?

Its probably for some stupid R100 fine which I will pay as I don't have the time to go to court, but surely this cannot be legal?

EDIT: fook me, but I've gone to take a look and that fine was settled on payfine.co.za! Now what?

 

[kronoSX]

who delivered it.

 

[semiautomatix]

who delivered it.

It was shoved under my door while I was here. Didn't even see who it was.

 

[Waaib]

It was shoved under my door while I was here. Didn't even see who it was.

I'm sure you never received it in that case.

 

[kronoSX]

I'm sure you never received it in that case.

true

 

[Smooth Criminal]

Yeah I don't think you received it.

 

[DJ...]

Ed Zachary - what court summons?

 

[Sackboy]

It was shoved under my door while I was here. Didn't even see who it was.

Could be a neighbour received it and decided to deliver it late.

 

[semiautomatix]

I'm sure you never received it in that case.

true

Yeah I don't think you received it.

Ed Zachary - what court summons?

Could be a neighbour received it and decided to deliver it late.

Thanks for the support everyone! Now to convince the Metro cops of my innocence.

Though this is one of the fines I paid, I'm printing up the receipt - looks like I'll be carrying them around with me from now on :/

 

[semiautomatix]

Could be a neighbour received it and decided to deliver it late.

Probably been sitting at the front gate security for weeks. But this is not my postal address and there are not post boxes, so I technically can't be delivered except in person.

Still need to convince the cops though.

What about those poor sods who really didn't receive the summons and have been hauled away in the tjoekie-van? Wrongful arrest?

 

[Sackboy]

Probably been sitting at the front gate security for weeks. But this is not my postal address and there are not post boxes, so I technically can't be delivered except in person.

Still need to convince the cops though.

What about those poor sods who really didn't receive the summons and have been hauled away in the tjoekie-van? Wrongful arrest?

They send it to the address YOU gave them, so I don't think that excuse will fly. Sorry.

 

[ToxicBunny]

Back into the realm of reality Sackboy......

timgaul : if you didn't sign for it, they can't prove they ever delivered it.... and if someone else signed for it, its not valid anyway since they can't prove YOU got it.

 

[Sackboy]

Back into the realm of reality Sackboy......

timgaul : if you didn't sign for it, they can't prove they ever delivered it.... and if someone else signed for it, its not valid anyway since they can't prove YOU got it.

I'm not sure that's the 'rule'. Certainly if they are using a correct address, even registered mail is considered proof enough, regardless of whether you rejected it. A hand delivered letter is the same AFAIK. They could attach it to the door if they wanted to. Giving it to a relative normally residing at your address is also valid.

 

[ToxicBunny]

That the LAW... not the rule.. the LAW...

nothing is good enough unless they've personally delivered it and made you sign for it.... and giving it to anyone other than you is not good enough.. it has to be delivered to the person it is meant for.

 

[DJ...]

I'm not sure that's the 'rule'. Certainly if they are using a correct address, even registered mail is considered proof enough, regardless of whether you rejected it. A hand delivered letter is the same AFAIK. They could attach it to the door if they wanted to. Giving it to a relative normally residing at your address is also valid.

Registered mail still requires a signature from the intended recipient though...

 

[Smooth Criminal]

I'm not sure that's the 'rule'. Certainly if they are using a correct address, even registered mail is considered proof enough, regardless of whether you rejected it. A hand delivered letter is the same AFAIK. They could attach it to the door if they wanted to. Giving it to a relative normally residing at your address is also valid.

They can hand it to whoever they want under whichever rule they please - but without a signature they have no proof.

 

[semiautomatix]

Back into the realm of reality Sackboy......

timgaul : if you didn't sign for it, they can't prove they ever delivered it.... and if someone else signed for it, its not valid anyway since they can't prove YOU got it.

I'm not sure that's the 'rule'. Certainly if they are using a correct address, even registered mail is considered proof enough, regardless of whether you rejected it. A hand delivered letter is the same AFAIK. They could attach it to the door if they wanted to. Giving it to a relative normally residing at your address is also valid.

Regardless, I got it two days after the court date. So, they can't prove it was delivered - since technically it wasn't.

It wasn't given to a relative and my unit is not numbered. I was there at the time, so no one bothered to knock.

All this being said: I PAID THE DAMN FINE 6 MONTHS AGO. But for future reference, it'd be nice to know what a lawyer has to say. Any legal eagles online?

 

[semiautomatix]

Registered mail still requires a signature from the intended recipient though...

Did not sign, and it was delivered after the date - so it was not delivered. FULL STOP. How can you be held accountable if you don't know about a court date 2 1/2 years after the issuing of the fine. You can't guess or assume.

Though I want to know what my recourse with Metro will be had I not paid the fine and not signed for the summons. Do I get a wrongful arrest? I've been looking to sue a Minister for a while now

 

[Sackboy]

Regardless, I got it two days after the court date. So, they can't prove it was delivered - since technically it wasn't.

It wasn't given to a relative and my unit is not numbered. I was there at the time, so no one bothered to knock.

All this being said: I PAID THE DAMN FINE 6 MONTHS AGO. But for future reference, it'd be nice to know what a lawyer has to say. Any legal eagles online?

Yes, you have to find out why it CAME late. I wouldn't be surprised if the person delivering it had to make a little statement of how and when he came to the address, including a description of whom he gave it to (if he did).
{wrong address/ no number/ not answering door .... it does sound like you don't want to be found )

 

[DJ...]

More than just that, they cannot leave it with a relative, nor can they just slip it under the door - they have to prove that you personally took receipt of it. There are numerous reasons for this but the obvious ones are that there is no way for them to guarantee that a neighbour, family member of friend will deliver it to you and the onus is not on them to do so either. You could be away for a few weeks, you could be avoiding someone, they might not be who they claim to be etc. AFAIK a court summons has to be delivered in person to the recipient...