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Infringement Payment thru BOE
I just got off the phone with the Department of Transport and Main Roads here in Queensland. I had written the circumstances previously on the old website but it seems it has not been migrated over. So, I got an infringement issued by the police. I converted the Notice into a contract and a statement of account within 3 days, included a Bill of Exchange and sent it back to TMR via registered mail. I also sent a letter to the commissioner of SPER to oversight this transaction, just like Mark explained it in the webinar. I have not heard anything back within the 2 weeks I gave them time to collect they payment (neither did they say they dont accept, nor did they send the BOE back). The payment of the liability was due last Friday around noon time. I was at the location written on my BOE (I have photographic evidence with timestamp and location) and asked everyone who going in and out of the shop if they would be from the Department and if they are here to collect my payment. So in short the Department did not show up.
So I called TMR just now and asked for the status of my notice, since I have done everything to discharge the liability. The Lady on the phone did initially not know what I was talking about, and it went back and forth. She said that the Department only accepts the payments on the back of the Infringement Notice, on which I replied that a BOE is a perfect legal payment and it was not explicitly excluded. And then I insisted again that from my side the liability is discharged. She then asked if I can hold the line for a minute and I guess she was talking to someone from legal or her supervisor. When she got back to me she read a predefined sentence where she said that TMR only accepts the payments on the back of the infringement notices and if I would like to pay this with a different method, than I have to go back to the issuing authority (the police) and discuss that with them. It looks like this whole police / TMR / SPER is set up just to push the responsibilities around. So I asked her that the Police is only the issuing authority but TMR is collecting the liability, isn’t it? She refused to answer and repeated her sentence. I then asked if I can have this in written form, which she refused. So I asked her if she can point me to a TMR web site where I can read this up, else wise I have to assume she just makes this up. She refused that as well and I repeated my statement again. She seemed to get upset and then just hang up on me. So from my side all should be done, nonetheless I guess I will receive another message from SPER again where they do exactly the same thing again. What would be the best way to move forward. Should I actively write to TMR or wait once I get another message from the Government and then respond accordingly?
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2 Replies
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I found that all liabilities are discharged better vier courts or what ever they would call them selves being under the roof
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If it was me (and this is just a suggestion not legal advice) I would wait for any other offers to come through the mail and then address those with evidence that the liability is discharged. If I had included a default and liability clause in my process then if they ignored my process I would put in a claim for their default.