Outstanding Traffic Offence In Malaysia – Can You Appeal?

The following comment was posted by Andy back in 17th March 2015.

It is regarding an outstanding traffic summons.

Andy claimed that he is not at fault.

Traffic summonses in Malaysia

Dear Cikgu Yap,

I just receive a summon addressed to my house in Negeri Sembilan.

In the summon it stared that I committed an offence under section 79 (2) of the RTA.

The summon claimed that I committed that offence at one of the street in Malacca at around 2pm.

To my surprise, I had no idea at all when I committed that offence.

I call up to the police station, they told me as long as your car plat n particular are correct, then I must pay summon.

I told them I am not at the place of incident at that time, and no one is using my car, then the police officer said if im not satssfied then can go to the station and get a copy of the original summon to satisfy me that the particulars are correct.

I told the officer no use for me to get another copy, as my point is I am not at the place if incident where the summon is issued out.

So ridiculous and groundless summon I had received.

What is your advice to me?

Another question from me, I cannot recall any incident that makes me to commit the above offence except one incident which I forget when.

At that time I was inside the car with my friend in front of a shopping complex, I stopped at there wanted to drop my friend.

Before my friend leaving, we had a chit chat for around 5 minutes.

While we are chatting, an officer come over and he just realised that we were in the car.

Then we informed the officer we are going off soon and he left and go to another car then he drive off using his bike.

I want to know is the officer right to issue the summon in such case?

Because other than this incident I have no idea when do I committed that offence. Thanks

Ps..anyway i am ready to fight for my own right..unfair society.

My response to Andy

When someone gets a summons, it is useless claiming you weren’t driving the vehicle, or you can’t remember the incident or saying you were not at fault.

If it is your vehicle’s number and you are the registered owner, nothing else you can do except settle the summons received.

The only alternative is to attend court.

That means you have either defend yourself if you can in court.

Or get a counsel to assist you.

That’s going to cost a lot of money and much time as well.

Regarding your second question where you were chatting with a friend, as explained to you earlier, you can be summoned even if you were just sitting in your car.

As said, you might be obstructing traffic flow at the place where you stopped and chatted with your friend.

Hope you understand the situation.