I am not a lawyer but I have worked out that AARTO camera speeding fines are completely illegal. I decided to ask some questions some time ago. So, in response to a speeding fine from AARTO, I sent a letter asking 3 simple questions. Their response was to NOT respond to my questions, they simply wrote off my fines and hoped I would go away…bad luck for them.
I have written to AARTO 4 times, in response to about 7 different speeding fines, asking for answers to the questions below. In each instance, they have NOT answered my questions & simply written my fines off.
The 3 questions:
1.) According to this ‘notice’, the “issuing authority” is the Johannesburg Metropolitan Police Department. Yet you are requesting payment be made into the bank account of AARTO, a ‘for profit’ company listed on CIPRO, a company that is NOT the JMPD. Please explain to me why I must pay AARTO, if this notice is from the JMPD? If, in fact, this notice is from the JMPD, then AARTO is a 3rd party interloper with no standing in this matter. Please explain?
2.) According to the Bills of Exchange act 34 of 1964, a bill demanding payment of any kind needs to be signed by a representative of the company. There is no signature on this ‘notice’, so please explain how this constitutes a legal bill?
3.) According to the Bills of Exchange act 34 of 1964, before any company (like AARTO) can claim money from a natural person, like me, there has to be a signed agreement between the two parties, which clearly defines the terms of the contract between the parties. I cannot recall signing an agreement with AARTO, please would you be kind enough to supply me with a copy of the signed agreement between us.
What should be in your letter to AARTO
In your letter to AARTO be sure to list the reference number(s) for the fine(s) you have been sent. Make it very clear that you will be happy to pay the money they are trying to claim from you, just as soon as they answer your questions. Remember, if someone is claiming money from you, you have every right to ask questions.
The other important thing to remember is that AARTO is NOT legislation. We do have legislation that has the name AARTO on it BUT if you check with CIPRO (company registration authority here in SA) you will find that AARTO is listed as a ‘for profit’ company. AARTO is a company & therefore, company law applies!
Don’t be afraid to ask questions, you have a constitutionally protected right to do so!