It began with a speed camera fine. It ended with Peter Richard Prescott’s bankruptcy.
In July 2016, a car registered to Mr Prescott’s name triggered a speed camera infringement notice. He denied the charge. He did not attend court and was fined $80 plus costs for the speeding infringement. A rehearing was not successful. A long and fruitless legal pursuit then followed through the High Court, Court of Appeal and Supreme Court with Mr Prescott seeking judicial review of his unsuccessful rehearing. He was told this was not a case for judicial review; he should simply exercise his further right of appeal against conviction. At each stage costs were awarded against him.
Mr Prescott back-tracked, succeeding in having his speeding conviction overturned on appeal. This success negated the judicial review costs orders made against him, he said. Not so, said the police. It took steps to bankrupt Mr Prescott on the cumulative $27,700 unpaid costs orders racked up through his judicial review claims.
Mr Prescott unsuccessfully challenged the bankruptcy application arguing variously: the costs figures were incorrectly calculated; he had a counter-claim against police for malicious prosecution; both the police and the courts were legal fictions having no rights against him; there was no such person as Peter Richard Prescott as the identity with this name is a corporate entity registered in the state of Minnesota and that the natural person called Peter Richard Prescott no longer exists but has the name Peter-richard.
He was bankrupted with effect from 28 February 2022. He lives in Auckland according to Insolvency Service records.
Police v. Prescott – High Court (28.02.22)
22.045