I have been accused of a minor offense, and the process that applies is the Summary Proceeding Act 1957, Section 21.
I have been served notice, and have denied liability for the defense. (I have denied it more then one time, and in unambiguous terms.
The informant is insisting that I either Request a hearing, admit liability and provide a submission or pay the infringement fee. I do not intend to admit liability, nor pay them anything unless the matter has gone before the court.
I object to having to ask for a hearing and would prefer not to do this - but this would still be preferable to acquiescing and paying the fine. I am not adverse to appearing in court to defend myself.
I am having some difficulty working through Section 21 of Summary Proceedings Act. By my - possibly incorrect - reading, the act is silent on what happens if I simply deny liability but to not ask for a hearing.
The informant is claiming that if I do not request a hearing or pay the fine by a certain date, the notice will be referred to the court for collection.
Question - If I unambiguously deny liability but do not ask for a hearing can the informant refer the mater to the district court for unpaid fines without a hearing having taken place?