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Driving Unregistered Vehicle
Posted by david-george on July 17, 2023 at 1:53 pmI’ve just been pinged on the road in Qld for not paying a rego. I’ve reserved rights on the Qld licence and I’m aware of the game in the courtroom and how to navigate that if it goes that far, I’m told a $500 fine is coming my way. Can someone give me the short path on what I need from this site to prepare either with Noticing the officer involved or just going to Court. Thanks.
morag-janet-of-the-hill-family replied 1 year, 11 months ago 2 Members · 23 Replies -
23 Replies
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Were you stopped on the road and if so what transpired? Or were you sent an offer in the mail?
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I surrendered Licence, he confirmed bike was 24 days overdue, advised me he put a permission to ride until 4pm and said a notice was coming to me via email
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What did you do within that interaction?
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I told him if a notice was to be issued then they have my details.
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Wonderful, if you stayed out of contract with him then you can start a three step Notice with affidavit., as long as you recorded the interaction to use as evidence.
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If a Notice comes to you via email, you don’t have to open it, if you do open it, it will be deemed acceptance.
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They’ll definitely have some way of checking to see if you have opened it. Just put any correspondence from them into junk before you open it and then they will have no evidence of acceptance by you. Outline in your notices you will only accept replies by mail to the address you nominate.
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Based on what Mark is saying in that webinar, it appears that opening the Police Notice is no issue when you are doing the 3x Noticing of the officer involved re my “All Rights Reserved” status. I will likely wait to recieve the Police Notice so I have a name and an address to respond. (unless you can convince me otherwise). Separately, my old man stuffed up when he filled out the Birth Registration Application form (that Mark has specified should be included in the Notice). He filled out my name in ALLCAPS which undermines my legal approach to alienate myself from that name. I do have a Christening record signed by 3 people months after with my name in Capitalised English, but this would not likely be accepted by any court IMO. Can always give it a try.
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if you read all of the documents I have shared and watch the webinar you will get some ideas that will give you some different options going forward.
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Yesterday I received a lettered reply from the Officer I addressed telling me he was not withdrawing the offence and asking me to pay the fine. This is only 4 days into his 10 days notice, I am thinking I should use this opportunity to shoot off the first default Notice immediately rather than wait for the full 10 days as time will run out on me in the leadup to the sunset on the payment & responding to the court invitation. Will responding with a second 10 day notice immediately cause legal issues with the 3 notice procedure?
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If you stipulated 10 days then that is the time you stick to. You can ask for an adjournment and you will be granted one just make sure it is legit eg sick relative, not had enough time to prepare for court etc. Best not to mention your private proceeding though.
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If you are no longer going to court just take your time finishing the process it is still valid even if a fine is issued before you complete the process. The fine issued is not valid without a trial unless you accept it and pay it. You can thank them for their kind offer of a fine but as there are still some questions outstanding that have not yet been answered then you cannot make a decision as to whether you can accept until they have been answered.
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Bill due 14th Aug, I presume also this is the sunset for applying to take it to court. What I have my eyes on is the submission of the affidavit and not sure that this has to be on the same day that the application is made or can it be done in the weeks after the application is made?
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This reply was modified 1 year, 11 months ago by
david-george.
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This reply was modified 1 year, 11 months ago by
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Ring the court, they will help you with that and record the conversation. Let them know right at the start you are recording for training purposes.
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OMG I am reading the files in Module 17 that cite some very arduous scripts with court participants. Whilst I do have a rudimentary understanding of the principles at stake here, I doubt very much I am going to be able to pull this off with no prior court appearances. Even if I drill myself with these scripts, I still doubt my ability to be able to continue pushing the full 100 yards if the judge pulls out all stops and continues to use trickery to hook me into testifying or making a claim I cannot substanciate. The other potential problem I might have is that I was on helmet camera during my interaction with the officer, and I asked the question if I had missed a bill, then did not state clearly at the time that I did not consent to doing business with him, and was only vague about agreeing to being forwarded a fine suggesting that if he was going to send anything to me he could use the email in the system. Should a just back off and pay?
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That is one option, it will allow you to stay in peace and keep studying for your next potential interaction without the stress of a looming court date in the background.
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Here’s other people’s ideas with a success story in the How to sign document.
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here’s some more info.