Traffic fine SMSes won’t stand up in court
If you have received an sms informing you that you have an outstanding traffic fine that needs to be paid, you could challenge the legality of this practice in court if you didn’t first receive a printed version of the fine or a summons.
According to IOL, the City of Cape Town say these SMSes are legitimate even though motorists are ignoring them fearing they are being scammed.
“Mayco member for Safety and Security, JP Smith, said SMSes were sent because, since the correct residential addresses for motorists were not always reflected on the eNATIS system, they usually did not receive notices or summonses. The SMS also informs a recipient that prosecution will continue if they do not receive a fine because the address at which the vehicle is registered is not up to date.”
He goes on to say that SMSes don’t replace the notice or fines but merely advise motorists to view or pay their fines at paycity.co.za or at their nearest traffic department.
IOL chatted to Howard Dembovsky of the Justive Project SA and he claims the SMSes are in no way a legal notification. “How certain are they that they have the correct cellphone numbers?” He goes on to state that nowhere in the Criminal Procedure Act is an SMS catered for. A summons need to be delivered by hand.
If you receive an SMS but didn’t receive a summons it is advised that you contact Fines4U.
Source: IOL