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Driver license suspended
Hi,
Not sure if this is the right place to post this.
A few months ago I received an email stating that I had an infringement. They told the person in all capitals to go to their website to read about it and pay the debt. I send it back as wrongly delivered and stated that I will not contract and that no contract is no obligation.
Then a few weeks back I received a text message stating that my driver license would be suspended and that they might be able to get to my bank account. I put in a complained and ask them to provide proof of claim that I consented to contract with them (no response).
Yesterday I received an email and a text message that now my driver license is suspended.
Note: I can not receive post as we are traveling on the road for the past 8 months. So any fines in post must have been send to my old address where someone else lives. I made a note about this with Queensland roads and transport (no response).
We have a private trust and so we use that bank account. Which they should not be able to touch. I also don’t need a driver license as I will never be driving but travelling. So I already had never the intent to show my driver license to police.
Now the question. The car is on my persons name. However, we do have a private property notice on the car. Can they take the car and should I then maybe place it under the trust?
Is there anything else I could do other then sending another complain to SPER asking for proof?
Some information would be greatly appreciated!
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This discussion was modified 2 years, 7 months ago by
Melissa Bockelmann.
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This discussion was modified 2 years, 7 months ago by
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9 Replies
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Putting the car into the Trust via change of ownership papers is a good idea as then it will no longer be your property and they will not be bale to use the car to satisfy a liability and if they try then there are scripts you can use in court to help make them drop any claim they might be pursuing on that item.
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Hi, and thank you again for your help.
I looked into transferring the car to the trust. However, it appears that any debt will be transferred with it when anyone purchases the car. Also we have an old car with some issues that needs to be made road worthy again. We are planning to leave Australia next year so this would not be ideal for us.
After long searching we decided to just go to Queensland transport and main roads. The lady there told us to go to the next building which was the court house in Mareeba that had a SPER agent. I explained the situation there. We again got the advise to pay the first instalment to get the license suspension lifted but I said I had never accepted the infringement and will not accept it. Then finally after a long discussion she told me to go to the police station to retrieve the original infringement notice so I can contest it.
At the police station the guy told me that it was a speeding camera so they did not have a copy and it would had been sent directly to SPER. So we had to go back to SPER. There the same story, but the lady was so nice to call the police station this time. We had to go back to the police station where this time a female officer helped us. Funny that she straight away understood that I wasn’t a person but a man where the other people just looked strange. She gave me the number of the road safety camera office (ph: 1300 360 610). We had to call them to get them to send a new infringement but this time per email (we are on the road travelling and don’t have a postage address). Then she gave us another number from SPER to ask for a Cancellation of Enforcement order (ph: 1300 365635). We called them and they straight away lifted the license suspension with as reason that I never received the infringement. Now we have to wait 2 weeks for SPER to approve the request. Then we should receive a new infringement with new number by email that we can contest within 28 days.
So my plan is to contest it somehow (no experience with this). I wasn’t driving but travelling so I need proof from them that I was driving and I might send my Vaccination none consent affidavit to proof that I am a man and that legislation does not apply to me. This is just what I am thinking. Any advise would be appreciated. I will share the outcome in due course.
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Here’s a great video to watch that will give you ideas of how to protect your car from unlawful seizure. https://www.youtube.com/watch?v=Ymrzs4IdFps
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Have you done a Non Consent and Conditional Acceptance Notice? Offering to pay if they provide Not only evidence, but ask for the Names of the Officers or Witness that have Firsthand knowledge that you were Not travelling on the Queen’s roads to your capacity and under the Non Corporate Commonwealth of Australia, and did they witness that you had a Drivers License on you at the time of the Alleged offence. You also require it to be supported with a signed Affidavit.
Stay strong as its just a process. Remember you can always offer to settle before any court, so keep challenging them. Im on my Final Notice and Default judgement. It is a little nerve racking, being the first time doing it.
Good luck with it and keep smiling,
Ant
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Thank you for your reply.
I was thinking about doing something like that. Did you sent this conditional acceptance once you received the infringement notice and choose the option to contest it this way? which then started the conditional acceptance process? I am just curious how to go about it as they give you 28 days to respond and I think the 3 notice process takes about 3 times that.
It was also a bit nerve wracking today talking to all these people. But it seems they are just office people that only know their corner of the system. In the end of all that I was quite confident. I imagine that going to court would be similar. Anyway, good luck to you!
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My first reply was just a letter asking questions, but I did say I don’t consent, where is the man or woman I have caused harm, who has a contract that says I am your property. It was just before I found S.E. and then I changed my second reply. Morag, had shared some PDF’s that were very helpful, but I was still getting my head around it. I realise more now and all we are doing is asking questions and for them to show us what they have to say otherwise. We have a right to ask and Mark always says about honour and respect, so offer to pay but the condition is you need your questions answered. They must Police with Consent (another question to ask them). Once they haven’t answered my 3 letters, then I will take that as acceptance to my position. Then any letter after that I wont open and just write on it -Unclaimed, Do Not Accept offer to contract, Non consent and Return to Sender for cause without Dishonour.
Be creative and lose the fear, they are only questions.
Keep smiling and take care,
Ant
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Morag sent the top PDF of How to write on Fine Envelope.
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Now 5 months later I received another text message from SPER stating that I have a depth with them. I called them today and told them that I still have not received my infringement. (We are traveling Australia and so I don’t have an address. However, I notified them last year that they have to send the infringement via email which they never did. ) We had a lot of back and forward but the lady on the phone basically said that they can not cancel this depth a second time. And so I will have to pay now otherwise they will take my car, bank account and other property held in my name. I asked how I can contest this but here was no other way than paying according to the lady. I am a bit stuck feel like I have lost this battle and the only way is to pay the depth even though this goes against my grain. Any advise?
