I just wanted to thank you. I followed your 3 letter process and it only took a few days after sending the first letter for the council to withdraw my infringement.
I stopped outside my son’s school and I had a sleeping child in the back seat. It was in a residential street and I had no idea there was a no standing sign there.
I was photographed from behind and fined $165.
Stephen – Vic.
The reply from the council states that: “The infringement notice has been withdrawn and Brimbank City Council intends to take no further action. The amount of any infringement penalty and any prescribed costs that have been paid will be refunded ….”
Here’s my testimonial in a nutshell, I’ve tried to simplify as much as possible.
The charge was for doing a U turn at an intersection at traffic lights.
As soon as it began, I enquired as to where the 2nd magistrate was as I was requesting a chapter 3 court. (I explained High court ruling forge vs ASIC etc.) The judge looking annoyed and perplexed, tried to say that he was a chapter 3, to which I replied, “If so, I’m simply asking where the 2nd magistrate is etc or I do not give consent nor jurisdiction to the court.”
The judge certainly didn’t seem impressed by this. After about 10minutes of back and forth questions about this, at that point I felt it was necessary to also quote the “imperials acts act” innocent until proven guilty etc. The judge just smirked and shook his head at this.
When the police prosecutor came to the stand he Said one of his witnesses couldn’t make it due to injury I believe and as the trial had been adjourned a number of times before he was “happy” to have it dismissed.
The judge asked a number of times whether the prosecution was sure about this to which the prosecution just reaffirmed. I was also asked by the judge whether I was a “lawyer or law student” and “how did I come across my information” to which I replied I wasn’t a lawyer nor student and that it was my own “personal” research, and also that I did not have to evaluate anymore on this.
At this point the judge dismissed the case and impolitely told me to “go away”
Dear Aussie Speeding Fines
On 18 Feb 2019 I was driving past a speed camera in ACT where it allegedly claimed I was 8km over the limit, ie 68 in a 60km zone. The fine was $292. I very much doubted that I had reached that speed between the lights, as I was about to turn into an adjoining road. I remembered that drive clearly as I was actually attending an important meeting that day.
I received a notice in the mail in March and then I immediately purchased your information.
9 March 2019 – My first step was to write an email asking for leniency.
14 March 2019 – received a reply stating that “In regards to withdrawing your application based on a good driving record. You will need to supply a copy of your licence history from NSW showing no traffic infringements within the last 5 years as you haven’t held an ACT licence for 5 years.” I did not respond as I had paid a low level fine in 2018 in NSW – at that time not knowing the procedures.
18 April 2019 – I emailed an application for extension of time – it was a PDF document, but little to my knowledge it did not save the fields.
24 April 2019 – received a reply “Unfortunately the application form has come through blank. Please complete and resubmit so we may further assist you, or as an alternative you can provide the requested information within the body of an email.”
3 May 2019 – received a reminder notice with a due date of 31 May 2019. Fine now $326.
30 May 2019 – applied for extension of time of 60 days (I could nominate a time on the form) with accompanying email stating “I have previously had trouble attaching the Digital version of this Application. I have therefore had to print, fill it out manually and scan it.” On the paper form I stated I was “Seeking legal advice from barrister” to dispute the infringement notice, as the reason.
6 June 2019 – received a ‘Notice of Suspension’ around 11 June 2019 – allegedly suspending my right to drive in the ACT. As I had asked for an extension that was granted I chose to ignore this letter and continue driving in the ACT.
11 June 2019 – email received from a ‘personal’ email, granted 60 day extension of time until 12 August 2019.
9 Aug 2019 – I applied for a dispute online stating “I want the matter to be heard in court”.
9 Oct 2019 – received email letter stating “I refer to the above traffic infringement notice you disputed with this office. The Road Transport Authority must register disputed traffic infringement notices with the ACT Magistrates Court within a statutory time period. This period has lapsed on this occasion and as such the infringement has been withdrawn.
The Access Canberra Infringement Office now considers the matter finalised. “
Rendall – NSW
Just to let you know we had fab news, all fines have been wavered, thank you so much for your support and invaluable advice.
Here’s a Testamonial / Letter for ASF to use as you see fit:
Firstly, don’t be daft, don’t get your car towed. Be sure to read the signs.
I thought I knew the times, and didn’t check, and my car was towed. Thus a long walk and train ride and long walk to the depot. Lots of sorry people hanging around outside, stressed about the huge amount they need to pay – people that didn’t have my skills. I felt bad for them.
What do you call it, when someone approaches someone elses belongings when they are absent, steals them, and then demands a ransom for the return of those goods?
Is that theft and extortion?
Brisbane City Council did this. At the Depot, my plan was to record using my phone, and ask the attendants a bunch of questions, and when they couldn’t answer them 3 times, pursuant to Contract/ Equity law it means they have defaulted and I can answer for them, and hold them commercially liable as surety for the Trustee. I commenced this but it was SO hot and I just couldn’t get a focused cohesive dialogue.
I wasn’t going to provide my licence when they asked, and then, as if I somehow owed them something, they said not providing my ID meant they would call the police, who were presumably next door – there was a big sign saying Queensland Police. Obviously in cahoots with this operation. My brain was ticking over with how council, a towing company, and the state police, could legally all function together in a way that gave them the right to steal my stuff and charge me to get it back, and as it obviously wasn’t legal, how I could use that against them.
I was stressed and exhausted and knew I didn’t have the zen calm I needed to question the police and assert my rights, so I left, vowing to work out how to get my car back without paying.
The following is all I could think of. I knew if i paid cash, the money was gone. The next day I paid to collect car using my debit card, and selected ‘credit’ on the EFTPOS so I had Mastercard/Visa card Buyer Protection. (I had looked this up online). Note, this is not a credit card, just a visa or mastercard DEBIT card, regular ATM card.
I then made a dispute claim for, misreprentation of seller or whatever the catgeory was, through my bank who issued the card. The process was, I first had to contact the ‘seller’ and negotiate. If that failed, file a claim statement with the bank. Seller would get to read this also. Bank would refund money. If the seller didn’t respond adequately ie dispute claim in 21 days, you kept the money.
I contacted the towing people. The receptionist did a lot of stressed frantic gesturing when I said I was calling to dispute a claim, and the person she put me through to was a cop, I swear. Their bully attitude, zero creativity or sense of humour, attempts to intimidate. The call also sounded like it was being recorded by about 5 different lines, lots of crazy echoes and reverb.
One of my takes on it, was the Council signage and by-laws applies to employees of the council, and council was illegally misrepresenting by claiming I was an employee, and applying its laws to me. The cop tried to twist this around by claiming I was impersonating a council employee, and wasn’t that illegal etc. BE CAREFUL WHAT YOU SAY.
Don’t take the bait, say as little as possible. In retrospect I really shouldn’t have gotten into any debate, but I didn’t realise I was going to be put onto a cop. I ended the call
declaring the non sequitir ‘All Rights Reserved’ so anything in the call couldn’t be used against me.
I lodged the claim, being able to say I’d tried, and referencing some of the conversation and how the representative for towing company had failed to substantiate they weren’t acting illegally.
I structured the claim like a Notice, with the title ‘notice to agent is notice to principal, notice to principal is notice to agent’ with a series of questions, all alluding to the illegality of stealing my car and holding it to ransom and claiming they had legal authority to do so, and how the towing employees and the council could all be charged, and sued, for their conduct.
CHECK ALL DOCUMENTATION
The release form from the towing company had a ‘damages’ section, so they could indicate if the car was damaged and whereabouts, to prove that no damage occured while it was held to ransom. Well, always have faith in award wage slaves not caring enough to do their job properly.
This damaged report section was blank. Thus, the damage my car ALREADY had prior to towing, wasn’t indicated on the report. In the claim notice, I pointed out my car was NOW damaged and according to the form it wasn’t damaged before
On the towing release form, I knew the unstanted claim is that you waive all your rights once you pay and sign the form. Thus I signed ‘under duress and threat of menace, all rights reserved’ (always sign these kinds of forms this way. Write this FIRST before you sign your name – police have been known to snatch the form away before you get to sign your name.)
And, make sure that sentence crosses over your signature so it can’t be removed with a photocopy or cut off somehow.
I was able to indicate this manner of signing on the claim notice – thus ensuring my rights were intact. I also mentioned their terms and conditions were not made transparent to me when signing, certainly not provided with my copy of the release form, so if there was any contract, it was void anyway. This is all so elementary.
As you can probably guess they didn’t dispute my claim and I kept my money. A fair bit of work and stress but a positive victory and I cost them money in the process. Every little win makes a difference for those who come after you. The only thing I have that people don’t always seem to is, is I don’t accept shit as truth when its presented to me and I put the pressure back on those who try to compel performance from me by assuming I will accept their shit masquearding as truth. For example ‘we are allowed to take your car and make you pay for it’ or ‘we can charge you to travel over this road, that actually belongs to you more than it does us’
The one thing I failed to do, was not to certify this victory in some way in order to establish a precedent of sorts, for myself and others to use in future. I wasn’t sure how. Maybe someone reading this can achieve this
Mrs Amused – Sydney
Just wanted to thank you all for the fantastic work you do.
I attended the Know Your Rights seminar in November 2018 and have put some of your letters into action
This year I started back at work with 8 different fines on my desk
I would like to share with you some excellent results for 2 x speeding fines over $1000 company fines.
Thanks to your fantastic information and brilliant letters already set out- all so easy……
Please see attached the NSW Revenue response to my first couple of fines
To date 8 fines in the first month for various things for company vehicles.
Stephenie – NSW
Well done on the whole concept of protecting our rights and providing access to the information for a very reasonable membership fee!
I joined a few months ago and used the e-book 3 step process to contest 2 speeding offences that were allegedly detected by the way of Lidar Speed Detection Devices that would have incurred a total of almost $1800 in fines and 11 Demerit Points.
I wasn’t travelling over the speed limit for either offence and didn’t want to waste money on having a lawyer represent me when I could explain the same defense in court myself with help from the e-book and a no bull shit approach!
Yesterday both offences were withdrawn by the Police!
In recent times I have got 3 parking fines in a short space of time. While I lost the first one, the other two parking fines have been withdrawn.
Admittedly they were withdrawn on technicalities but the important thing is that it was what I learned from sites like ASF and Know Your Rights that gave me knowledge which in turn gave me the CONFIDENCE to have a go at fighting them.
If it wasn’t for the materials from ASF and the materials and knowledge gained from the radio shows on Know Your Rights, I never would have had the CONFIDENCE to have a go.
Thank you to ASF and KYR.
Kevin, from Perth
Hello everyone. I have a wonderful story to tell you.
I was traveling through the Rockbank Destruction Zone on the Western Highway Sunday 28 November. I was in the right lane when I heard sirens but could not see an emergency vehicle so I kept on driving. A few seconds later I heard the sirens again and looked again in my rearview mirror and saw flashing red and blue lights hidden behind the grill of a late model Commodore. So I pulled over and proceeded to pull out my licence from my wallet under the console lid. My windows phone was there also. But I did not pull out the phone.
2 female cops approached my window and complained because I only rolled the window down halfway. They asked for my licence, which I held against the window stating that I only had to produce the licence and not hand it over. The second cop snatched the licence and both went back to their car. I then got out my phone and started recording, placing the phone screen up in front of the shifter. About 1 minute later they return.
“Mr. Allen, could you roll your window all the way down so we can talk to you?’ I rolled it down about 3/4.
“Mr. Allen, do you know why we pulled you over?”
I continued looking sorrowful and downward at the floor.
“Mr. Allen, we caught you speeding. You were doing about 117 in a 90 zone. Is there a reason you were speeding so fast today?”
Still looking down I was. About 20 seconds later I replied, “No comment.”
“Ok, could you please drive slower the rest of the afternoon?”
Said I, “I will”.
They go back to the car. I look in my mirror as I don’t know what is going on. The driver motions me to leave, but I fidget and wait for them to leave first, then I go on my way.
Time of stop. Under 4 minutes. The video lasted 3 minutes plus the time beforehand. No fine, no warning, nothing.
Many thanks to CARR, ASF, and Know Your Rights groups, of which I am a member of all three groups, for the helpful advice which got me out of a fine and possible licence suspension. Also that I didn’t pull the phone out at first as I did not want them to give me a citation for phone use while driving. Another help was saying No comment. I also did not talk back, act rudely (though I wanted to tell them to f… off), and looking contrite all helped out. I also said as little as possible otherwise, and pointing out that I didn’t have to hand them my licence at the start led them to think it was not worthwhile to hand me an infringement notice.
I have been paying more attention to my speed since then. And I do feel victorious that I won in this instance.
Just a quick comment. In court for a fine it is a criminal court. When magistrates are asked if speeding is a criminal offence, not civil then they admit it is criminal.
In the camera vans are police officers in Queensland. if the Police Officer detects a ‘criminal offence’, fails to stop that offence from continuing, then is it a dereliction of duty? I was once told by a Police officer that speeding was like running down the street with a loaded gun. I asked him if he would take a photo of someone doing this and fine him weeks later? No response.
If speeding was so dangerous, isn’t it a responsibility of the enforcers to stop this action immediately? How dangerous is it really when they just let you keep doing this ‘extremely dangerous’ action even after detection. Under their information you are dangerous and potentially putting lives in danger at that exact moment. Not a week or two later.
So apparently they are NOT wanting to save lives at all. Just my 2 cents worth.
Grant – QLD