Number plate warning for people who own cars in South Africa

South African motorists could face an uphill battle trying to prove their innocence over speeding fines accumulated on their profile due to a criminal cloning their number plate.

According to Law For All managing director Jackie Nagtegaal, the onus is on the legitimate owner to prove their innocence, adding that motorists can “commit crimes” without their knowledge.

Speaking to Cape Talk, Peter (not his real name) said he had received fine notices totalling R3,400 linked to his number plate. However, when he checks the speed camera capture, it shows a different vehicle with his number plate.

“I’ve received three speeding fines with a total of R2,400. Then I also discovered when I went to the traffic department, there was another fine of R1,000,” he said.

However, he explained that the department has refused to give him information on the latest R1,000 fine, and that the initial fines were not for his vehicle.

“I went to the traffic department the first time when I received the first speeding fines. I filled out all the documentation,” said Peter.

He said the traffic department provided him with a “search results summary”, which showed the new fine of R1,000.

The only information provided about the latest fine was “something about verification rejected, safety cam”, and he has been unable to obtain further information.

“I have no idea what that is and it’s a different number to what you would normally register your traffic fines under. There’s no court date. No information. All that’s on here is my licence plate,” Peter said.

Peter approached the police after receiving a notice to appear in court to pay the speeding fines. He asked the police for advice and tried to lay a charge of identity theft.

“I showed them all the documents I have — pictures of the vehicle. The police officer told me that it should be reported at the nearest police station where the crime occurred,” he said.

“It happened on the N1. Must I go to the nearest police station where the camera was on the N1?” Peter questioned.

He faces a frustrating situation as he has tracked down the vehicle’s location with his cloned plates but is receiving no help from the traffic department.

Moreover, he says the Motor Vehicle Recovery Unit designated to investigate these matters appears non-existent.

“When I went there the second time, the person that takes the general enquiries said I’ll have to go to court to prove my case,” he said.

“I have tracked down where this car is, and I know where it is, but for my own safety, I do not know what to do.”

It remains unclear how the perpetrators fraudulently secured the cloned licence plates.

Citing Nagtegaal, Matrix Vehicle Tracking says number plate cloning will result in fines or criminal charges, which the legitimate vehicle owner will have to address.

“Much like identity theft, cloning of a car’s registration plate means that a criminal can pass off your information and details as their own, and this has widespread consequences,” said Nagtegaal.

“The onus is on the legal owner of the vehicle to prove his or her innocence.”

“This also means that motorists could face potential criminal charges if the fines go unpaid for a long period of time. In short, motorists can ‘commit crimes’ without their knowledge,” she added.

Moreover, unresolved fines could result in motorists being blocked from renewing their vehicle’s licence disc.

It appears as though Peter took most of the correct steps but is still struggling to get the help he needs.

“It’s best to report the matter. Head to the South African Police Service and open a case. It’s also advisable to inform the local metro police and traffic officials,” said Nagtegaal.

She also recommends contacting the Road Traffic Infringement Agency to deal with traffic fines accumulated by a fraudulent plate.

“One of the agency’s objectives is to ‘ensure that individuals understand their rights and options’ when it comes to issues relating to road violations,” said Nagtegaal.

She added that fines issued through the Administrative Adjudication of Road Traffic Offences (Aarto) system must be disputed via the online query system.

However, she warned that both instances will likely be long and frustrating processes.