She told us that she had been into the station to try and have the matter resolved as soon as she realised that she had been misinformed by the issuing officer, but was told that nothing could be done because the matter was "historic".
We asked her to provide us with all information regarding the infringement notice, including a copy of the infringement notice, which was for two alleged offences, (1) carrying a passenger while on a restricted licence, and (2) not having her drivers license with her at the time; we asked for a copy of her marriage certificate, and other specific information, and a signed authority for us to act on her behalf - not relinquishing any of the rights she held, and only in relation to the specific matter in question.
Unlike a lot of people who ask for our help, this lady did exactly as we asked, and sent us all the relevant information we asked for. This enabled us to liaise with the Police on her behalf, which we did, sending an email to the Counties Manukau Police about the matter.
We explained that the issuing officer had told her she wasn't allowed to carry passengers, she explained that the passenger was her spouse and she was under the understanding that she WAS allowed to carry her spouse, the issuing office allegedly told her that "the law had changed" and that was no longer the case, which was not actually correct, although it seems that this was an honest mistake and the officer, who was a Junior Constable, had honestly believed this to be true, although it wasn't.
In due course we received a response from Sgt Mark Fleming, to say that the arresting Constable was off work with an injury and he'd been unable to speak with him about the incident. We waited patiently, and resisted the temptation to be rude or abusive as time ticked by and it appeared that we were being fobbed off, and in due course we received the following email from Sgt Fleming:
"Hi Melissa,
I am sorry for the amount of time which this matter has taken, but the officer concerned has only just returned to work today, after being off for two months with a back injury which he sustained whilst arresting a violent offender.
I have finally been able to speak with the officer and he cannot recall any specifics of this incident. On the face of it, it would appear that the infringement fine was issued in error.
In light of the information which you have provided, I have instructed the Police Infringement Bureau to refund the money which you paid. As a gesture of goodwill, the Police Infringement Bureau will also refund to you the $55 which you were fined for failing to produce your driver licence. They will contact you directly regarding this.
I would like to apologise for the amount of time which this has taken to resolve, but hope that you are satisfied with the eventual outcome.
Please don't hesitate to contact me if you have any questions.
Regards,
Sgt Mark Fleming"
Melissa is an honest person who was prepared to pay for not having her license on her at the time, both she and I had made it clear that we were only asking for the return of the fine relating to the second alleged offence, and this gesture of goodwill from Sgt Fleming goes a long way to restoring faith in the New Zealand Police. Top marks to Sgt Mark Fleming - everyone makes mistakes but it's the putting right that counts.
Several people asked for the name of the Constable who issued the ticket, but as he was a Junior Constable and relatively new at the job and it appeared that this was an honest mistake rather than deliberate corruption or serious incompetence, and that he didn't appear to have unduly hindered the resolution of this matter - as he could well have done - we've decided to protect his privacy and not publish his name.
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