QLD Unfair Loss of Drivers Licence - How to Appeal?

[melsueme]

Hello,

My partner recently returned from working away. He was pulled over by police for a random check in which they informed him he had no drivers licence. Whilst he was away, he was issued with a loss of points. You must select good behavior or a suspended licence for 3 months letter. He was not here to:

1. Receive the letter, and

2. Return the letter.

The police notified him on the spot he had a disqualified drivers licence and must go to court. He attended court where he told the judge he in fact works away and was not able to complete and return the necessary paperwork.

Under new laws driving without a drivers licence warrants a mandatory 6 months loss of licence.

I don't believe this to be fair.

What is his legal stance, can he appeal this decision? If so, how? (He has to drive 8 hours to the mines to attend work, drive whilst at work and of course, drive 8 hours home.)

Any assistance would be greatly appreciated!

 

[Clancy]

No. There is a magical condition called 'deemed to be served' which means simply by posting the letter, the person is deemed to have been served. Regardless if you actually received the letter and or someone stole your mailbox, the postman wiped his ass with it, personal circumstances, all irrelevant. Now possibly if you were overseas they might accept that excuse, but don't quote me on that, these authorities in Australia are exceedingly recalcitrant towards us citizens.

 

[thatbloke]

So... Your partner goes away and you get official looking mail but you do not call him and say shall i open it??? Does ALL his mail just sit there? I know when i go away my partner opens my mail