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Any advice would be appreciated
This may end up being quite long so apologies in advance. I have 2 dogs and 1 cat which were registered but 2 years ago I declined their offer of registration. I did the same again this year. Council have harassed me over and over and 3 times have trespassed on my land the last time to summons me to court. I put the person who gave me the summons on notice and he ignored this. I sent him a second notice and also sent to the registrar of the courts but again was ignored. I created an affidavit and supporting documentation sent it to the council person and also court registrar. All docs always sent via registered post. Council refused to collect them so I hand delivered. Court case should not have gone ahead but it did. I was granted permission to attend court via zoom link. I am a workcover recipient and have been for 4 years and suffer tremendous anxiety. When I asked if I plead guilty or not I stated I am the living woman, I am the beneficiary of my dead entity, I decline the offer to contract and I waive all benefits on offer. Judge tried to contract with me but was unable to so he muted me, found me guilty and fined me $1980.50. I received the fine from Fines Vic a week or so later on the front page it states court order so I presume I did get a court order, just not separately. Yesterday I sent Fines Vic a BOE. Today the council send me a letter ‘Notice to seize animals’. I am going to change ownership to my daughter and register them to her address so this should stop that. I want to take the person from council to court for trespass. I have 8 signs around my property clearly stating unless invited no one is to enter my place. I have also sent council 2 letters advising if such but they ignore everything. Is there someone in here that can assist me with taking person to court for trespass? I am finding it hard to find info on knowing what to do. I know I can go to police but as every avenue so far has gone against me I just do not know how to tackle this. I am also concerned that if I try to take the matter to court on my own I will mess it up. I understand Mark said learn from your mistakes but so far from what I understand I have done everything correctly. With regard to court matter I have lodged a complaint with both IBAC and the Juducial Commission. The JC have said it will take around 6 months to investigate. IBAC said around 16 weeks. I am really frustrated as I am trying my best to fight the system but at every turn I am being slapped down. I have spoken about the court case on here before and was told to chose your battles but if I give up now everything will be in vain. How do I start making things work in my favour when they just break the rules and do as they please? I understand I have to choose my remedies but am feeling like I am hitting a brick wall at every turn. Any advice would really be appreciated. Thanks in advance. Linda 😊
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12 Replies
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I am sorry for your stress and can understand how upset you must be. I am a dog owner myself and have registered my dogs with Record of Animals – The People’s Court of Terra Australis (thepeoplescourtofterraaustralis.org). For the time being, I think it’s a good idea to place the dogs somewhere else.
The peoplescourt already have their own councils and you can contact them to ask them to register pooch with them. If you can, you only need to send the ‘bad’ council, letting them know that the pooches are registered with another council.
I would also put a no=trespass on my property, showing them that there will be heave penalties if they tresspass.
Be tough!
Sorry, edited a few times.
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This reply was modified 1 year, 9 months ago by E.H. Hameeteman.
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This reply was modified 1 year, 9 months ago by E.H. Hameeteman.
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This reply was modified 1 year, 9 months ago by
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Hello there and thank you so much for your reply. So I have 8 trespass signs around my place. Council have just ignored them. They are a law unto themselves. I am going to register my dogs with another council. For the time being I will stick to a local council much to my own disappointment but the council is out to get me. It will make it hard for them to do anything if I have paid registration and given up ownership. I am just feeling very frustrated as I have done everything that should have stopped it before it even went to court. I have put the council employee on notice, I have declined offers, I have done absolutely everything that I believe would have stopped the harassment but it continues, hence the reason for giving up ownership to my daughter. I hope that once this happens I can focus on taking this scumbag to court for trespass but am a novice and need to learn so much more to be able to do so. My head is whirling, this whole situation has been a huge nightmare. Here was I thinking that I could stand up to council but it is quite apparent that it appears not. Oh well onward and upward. Head down bum up as they say and endeavour to beat the bastards. Thank you again for your reply. It is great meeting like minded folk on here who are prepared to help others out. Hopefully soon I will be able to do the same. Cheers Linda 😊
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Hi Linda, they will always ignore everythiNG you do or just make frivolous replies to try to coerce you into backing down. Did you record their trespass? Did you have correct signage up where they would have to pay a penalty automatically for trespassing and by passing the trespass notice they automatically agree to the terms. Did you ask them to leave three times and they still stayed on your property? Did you record the zoom meeting? It’s all about gathering evidence to show you did the right things and they did the wrong things. Another option available was to just send the court order back without opening it
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This reply was modified 1 year, 9 months ago by morag-janet-of-the-hill-family.
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This reply was modified 1 year, 9 months ago by
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Hello again Morag. Yes I have 2 different signs up which both clearly state unless invited no one is to enter. I will send copies through in a minute. I was caught off guard with the last trespass so no unfortunately didnt have my phone/camera on me when they turned up. I asked them at least 6 times to leave but they stayed at their will. My security camera captured an image if the trespassers when coming to my front door. Previous trespasses I wasn’t home and the first time again I didn’t have my phone on me. It seems the universe is against me here. 😊 I didn’t record the zoom meeting as it ended up being a phone in because the zoom link wouldn’t work. I have though obtained the transcript of the court case. I was unsure about the offer of a fine from court. I didn’t open it for around a fortnight but in the end when I did the BOE I did open it so I could turn that into a contract. I sent that through to Fines Vic yesterday. I have been trying to learn all the processes. I am currently on the hold your position as I have no doubt that I will be dragged into court again for ‘not paying the fine’ so am trying to ensure I have all the answers if that does happen. I do understand I can take them to court for trespass, harassment, and possibly coercion and extortion but am too unfamiliar with processes and as I said earlier do not want to mess it up. Hence the reason of asking if there is some way I could get assistance. As I know everyone says do not be fearful, and in some sense I am not, but I do get terrible anxiety and it makes it hard to appear confident. I took the state govt to court for bullying and harassment and won that case but am still suffering the effects of their treatment toward me and my bosses actions. She actually assaulted me and am still unable to work due to it all. This was all made easy by having a solicitor. I am today going to sign ownership of my pets to my daughter and register them with her Shire so hopefully that stops them harassing me but I do want to take them to task as I mentioned earlier. I just do not have the confidence or knowledge to do that and have decided I will have to just keep studying and learning. Was wondering if it was worthwhile paying for a consultant but think for the time being I will just leave it and atm myself with knowledge. As they say knowledge is power. I have tried searching up info on taking someone to court for trespass but all I see is advise on how to find a solicitor. I do not know where to start. I have 3 years I believe so will just keep banging away at it and hopefully get the knowledge and confidence I need to take the matter to court. I didn’t actually realise the degree of corruption across the board and how hard the fight would be even if doing everything correctly. Thanks again Morag. Cheers 😊
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Sorry those are 2 signs I got from a place I bought a trespass book from. The following are the 2 signs I have erected around my place. I have 4 if each in various entry points
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That’s great that you have a penalty amount, so by them staying and refusing to leave (did you ask them if they saw the trespass signs and get them as a second witness that they did and get the interaction on record?) they have agreed to the terms of the contract. This enables you to claim for the amount on the trespass sign. The same as the signs in a supermarket carpark are agreed to if you decide to park up there and stay while you are shopping there.
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Hi Morag
Yes I asked if they could read and pointed to the signs. I also advised them I have written to the council numerous times and advised they are not to enter my property and clearly visible signs are erected which advises no one is to enter my place unless by invitation. As far as I can see I have done everything ad I should have but they ignore it and continue to do so. As mentioned I could not record it as they caught me outside and I didn’t have my phone on me. Now telling me they will once again enter my place to steal my pets. This is why I am getting frustrated as they continue to flout the law. Create court cases that are not valid. Have me fined by a judicial registrar who ignored every ounce of evidence I provided with an affidavit and a large amount if supporting documentation. I have put them on notice they ignore it. I am getting so stressed because not 1 thing I do has worked even though I have seen everywhere if you do this it will stop them. I do know I can take the to court for trespass but am struggling to know exactly what I do, hence the reason for this post. Every time I start to try to find out answers the council do something else so I have to sort that put and then it creates another problem. My lack of knowledge is what allowed the judicial registrar to do what he did as rather than ask questions I just continued to tell him I do not consent, so he muted me, found me guilty and that was the end of it. I would like so bad to take them to court but I do not know where to start. I have paid the fine with the BOE so I need to learn how to hold my position but then they say we are going to steal your pets. I am going around in circles and so far have not had 1 win. I am going to pay the dog and cat rego just so I can get them off my case and focus on everything else but so far I just find everything I am doing is getting me nowhere and further into a pickle. Knowing I have done everything I should is little comfort as they continue to harass and screw me over. As I said I am so stressed as what started out as a simple thing has now turned into a huge drama. If I saw 1 thing work I would get some satisfaction but nothing. Last night I completed a letter to the Governance dept of the council advising I am going to take them and the person hassling me to court. I also added my fee schedule and an invoice but I am positive again it will be ignored. I am doing my best to stay positive but finding it very hard. As I mentioned I am on workcover for mental health and all this has exacerbated my anxiety and agoraphobia. I will not give up but just want to go forward. I feel like I am drowning and in a downward spiral. This is why I asked for assistance. I cannot keep doing the right thing and they just ignore it. Sorry not trying to be dramatic even though I know it sound like I am but just cannot see or know what I do next. How do I take them to court for trespass and is it worth trying to when my knowledge isn’t the best? As I said any advice appreciated. Is it worth speaking to the solicitor on this site? Is he aligned to the bar or will he support me? Yes I do understand doing it myself is the best but not sure I am at that point just yet. Thanks Morag 😖😊
