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South Africa: Labat Sends 'Incorrect' Fines List to Traffic Courts

Cape Argus


Cape Argus (Cape Town)


Glynnis Underhill

Another administrative glitch by private company Labat Traffic Solutions has caused a slump in activity at four of Cape Town's municipal traffic courts.

The latest problem, which involves the August traffic court rolls for the Wynberg, Blue Downs, Mitchell's Plain and Parow traffic courts being different from before, has court officials and magistrates perplexed.

Thousands of traffic fine summonses usually appear on each court roll but this month, only cases involving spot fines and warrants of arrest are listed. The City of Cape Town has outsourced the issuing and serving of its traffic fines to Labat. The company is obliged to send a monthly court roll to the traffic courts.

The head of communication for the Cape Town Metro police, Kevin Maxwell, said the problem was the result of an administrative error.

This was also given as the reason when Labat recently sent out 37 000 invalid traffic fines dating back to 2004, and when it invalidated 44 000 camera fines last year.

Many motorists paid these fines, and they will not be refunded.

Maxwell said the traffic summonses not placed on the court rolls at the four courts were camera fines.

"It is due to an administrative error that no section 54 summonses for traffic camera cases have been produced for four of the 10 traffic courts this month," he said.

He said Labat was rectifying the problem and the company would produce traffic summonses for the days set aside to hear the summonses at the courts concerned.

But Labat's Western Cape project manager, Shaheed Mohamed, denied that the problem was an administrative error.

He said the glitch would be identified in a report he had prepared for the senior advocate at the Directorate of Public Prosecutions, Christenus van der Vijver.

Van der Vijver had not yet received the report by yesterday.
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Last week, Van der Vijver said motorists who had received one of the thousands of invalid and outdated 2004 traffic fines did not have to pay them if the serial number 908 was in the middle of the number at the top of the traffic fine notice.

The head of processing and municipal prosecutions for the Cape Town municipality, Kenny Schoeman, said Van der Vijver had been informed about the problem at the four courts and had requested a full report from Labat.

Traffic officers said this latest administrative error would cost the city much-needed revenue, which would have been generated when motorists summoned to court this month paid their traffic fines.


Copyright © 2006 Cape Argus. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). Click here to contact the copyright holder directly for corrections -- or for permission to republish or make other authorized use of this material.


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Efforts to collect court fines continue

 

09/10/07
Scott Welton
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SIKESTON — When it comes to collecting past due municipal court fines, there is only so much a city can legally do — and Sikeston has tried it all.

As of Sept. 29, a total of $279,729.13 was owed to the city in unpaid fines, costs and fees, according to Linda Lowes, director of governmental services.

Unpaid fines make up $175,322 of that figure, according to Lowes.

Another $66,774 are jail costs owed to the city by offenders.

“Those are people our judge had sentenced to jail and they have to reimburse the city for jail costs, so those aren’t really outstanding fines,” Lowes said. The cost per day to be housed in area jails runs from $30 at the Scott County Jail to $45 at Butler County’s facility.

“The remaining amounts are state court costs, local court costs, fees for law enforcement training funds, crime victim fees and a domestic violence surcharge fee, which supports the local domestic violence shelter,” Lowes said.

Lowes said the city currently uses and has tried in the past several different avenues for collecting this money.

“We work on it, but it’s common for municipal courts across the state,” Lowes said. “Our municipal court clerks go to regional and state meeting and this has been the topic: How do we go about collecting these fines?”

Some measures used by the city, such as putting arrest warrants out for those with unpaid fines, have long been used by other governments around the nation and the world.

Other methods tried by the city could be considered innovative.

“It wasn’t until the past year that the state of Missouri even suggested using collection agencies,” Lowes said. “We did that about four years ago. The first 18 months was very successful and then after than, it was cost prohibitive to continue.”

The city now also places liens on drivers licenses for unpaid fines. This prevents the renewal of the license until the fine is paid.

“It’s a longterm method but it is very effective — it gets people’s attention in a hurry,” Lowes said.

For those who are not so much unwilling to pay as unable, there is the option to let them work it off.

“Some of them are doing that right now. That is a project that has been in the process for some time,” Lowes said. “We do have a very active community service program — very active.”

A total of $322,423.14 worth of community service has been completed since 2000 between maintenance and janitorial jobs at City Hall and working for the city’s parks and street departments as well as at the the humane society and nutrition center, according to Lowes.

This option has several limits, however.

“It has to be voluntary; we can’t force people to work against their will,” Lowes said.

There are limits even among those who are willing.

“Some people are not supposed do physical labor, some people are security risks — we have to consider the safety of our citizens, the employers that are using the community service as well as the well being of the person that is performing the community service,” Lowes said.

In short, when it comes to the city’s efforts to collect outstanding fines, “we’re doing all we can within the boundaries we have to work within,” Lowes said.

Having their own jail facilities, county governments often just stick with the lock ‘em up method for dealing with unpaid fines.

“We do not have past due fines. Our associate division judge, the honorable Charles L. Spitler, requires every defendant to pay all fines and court costs in full,” said Marsha Holiman, New Madrid County circuit clerk. “In instances of a defendant’s inability to pay in full at their first court appearance, the judge will allow them some time but orders their reappearance in his court until the fine is paid in full. The average time to collect for these fines is one month. In Division I cases, the honorable Fred W. Copeland only requires defendants to reappear in his court if their County Law Enforcement Restitution Fund cost is not paid within the time he specifies.”

As for court costs, “collection is monitored by State of Missouri, Division of Probation and Parole,” Holiman said.

Christy Hency at the Scott County circuit clerk’s office said Scott County’s consolidated court system uses three programs to collect fines.

“They can enter a plea of guilty and enter their payment directly to the Fine Collection Center,” Hency said. “Also known as FCC, it processes qualifying traffic, conservation and water craft violations. It allows violators quicker case disposition by submitting a plea of guilty along with payment directly to the FCC. It also enforces uniform statewide fines which creates a fair system. The court benefits because the FCC provides more efficient collection rates, reduced clerical time and a higher degree of accountability. Non-qualifying violations continue to be submitted directly to the court system.”

Hency said Scott County’s courts also participate in the Tax Offset Program. “The Tax Offset Program and Debt Collection Program kind of go hand-in- hand. Each collection route requires a person to be setup on a payment plan. The payment plan allows the person adequate time to submit payment to the court in full, or if that is not feasible, in payments,” she explained. “If the party does not abide by the payment plan conditions, the account becomes delinquent. Participation in the Tax Offset Program permits the individual’s income tax refund to be intercepted. In the same scenario, by participating in the Debt Collection Program, a private contractor known as LDC is permitted to pursue collection of the debt. LDC receives payment for their services by tacking an additional 20 percent fee to all past-due amounts. This 20 percent is above and beyond the amount owed to the county or state and neither entity is out money to use this resource.”

But, Hency concluded, “The reality is you can’t get blood from a turnip, but by actively participating in all three of these programs, there remains no stone unturned in our efforts.”

 

 

 

 

           

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