Is it legal for local councils to intimidate alleged offenders into not fighting for their rights? Isn’t that unconstitutional?
That at least is how I interpret a note councils send to alleged offending motorists. If the fine is not paid in the stipulated time, says the notification to appear before the Commissioner of ‘Justice’, and the addressee is found guilty by the tribunal, the addressee may be fined more than the indicated amount and up to the maximum allowed by law, and in certain cases the object used in the offence could be seized.
The threat to dish out a heavier fine is, to me, intimidation. And the threat to seize my car is – I can’t find a strong enough word for it.
Talk of a police state! Created by the paladins of democracy, too.
I drove through Kirkop tunnels, a warden says I did not have my lights on. He fined me €23.29 for that. And another €23.29 because, he claims, I did not stop when he made a sign for me to do so.
Both charges are false. When I came out of the tunnel, there was a man on the side, he had his back to me. I think he was having a pee. He could not have made any sign to me that I would have stopped for. It also took him six minutes (according to the charges issued) between his noting the lights ‘offence’, and his making a sign for me to stop – in those six minutes (perhaps he was doing up his fly?) I must surely have already been parked at Lidl, where I was going. One of the charges must surely fall, on the time element.
But the Board of Petitions did not believe my version (though I did not mention the peeing bit in my letter). It did not give a hoot about the time difference, either.
So I either pay up, or contest the charges at the tribunal, and risk a heavier fine, or my car being seized.
The petitions board is a sham. The first time I sought its verdict, they came down for me. Ever since, I have always been denied my claim. I admit a couple of them were dicey, and I did not mind their ruling against me, but this last one, involving the lights, is an absolute disgrace.
Why should a warden’s word be believed, and mine rejected? Some being more equal than others, perhaps?
It is not the first time I have gone as far as the courts to contest wrongful charges, and I always was found in the right. I am sure I would be, again, if I took this to court. But the courts are costly. It would cost me more to contest the fine and win, than it would to pay up. So I have paid up.
Wouldn’t I love it, to see a warden doing something wrong!
Roger Mifsud,
Rabat.