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  • Notice to appear in court from police officer for speeding

    Posted by pmcmahon on November 28, 2022 at 7:57 am

    Hi everyone.

    I was recently pulled over by the police for speeding. (see attached image)

    I recorded most of the interaction. I missed the first bit.

    here is the link to the video recording.

    https://mega.nz/file/bl1W1QaY#PIXhmmpssB0rDhpWbhqxnZm-WwgGf-CyAAAAAAAAAAA

    When they pulled me over I just tried to stay on the same point requesting her to show me her identification (about 8 times). She did not.

    She showed me on her ipad my name and address etc. and told me I had a drivers licence. ( I did not present my drivers licence). I said that it is not mine, but it is the property of the state and that I have beneficial use of it.

    She threatened to arrest me at one point, then said I was under arrest at another point for contravening an officer.

    She pushed a notice to appear at a court of summary jurisdiction through the partially opened window.

    I am wondering what the best approach is from this point.

    I was considering the following options:

    1. sending a correspondence straight a way.

    2. wait for a notice to arrive by mail and respond to it .

    I am not sure what to put in the correspondence to them.

    Any suggestions will be greatly appreciated.

    morag-janet-of-the-hill-family replied 2 years, 3 months ago 5 Members · 22 Replies
  • 22 Replies
  • jeff-davidson

    Member
    November 28, 2022 at 10:07 am
  • morag-janet-of-the-hill-family

    Member
    November 28, 2022 at 11:04 am

    Do you have an All rights reserved license?

  • morag-janet-of-the-hill-family

    Member
    November 28, 2022 at 12:09 pm
  • pmcmahon

    Member
    November 30, 2022 at 11:19 am

    Thanks Janet.

    I have “without prejudice” on my drivers licence signature.

    Thanks for the info to put on a paper fine.

    Is your suggestion to write what you have suggested on the back of the paper notice the police officer gave me and to send it to the court address that is on the paper notice to appear she gave me?

    Or should I wait for a notice to be sent to me by mail?

    Should I include a photo copy of my licence with the notice I send?

    • morag-janet-of-the-hill-family

      Member
      November 30, 2022 at 7:53 pm
      • morag-janet-of-the-hill-family

        Member
        November 30, 2022 at 7:56 pm

        I use the All rights reserved signature and I sign all my documents this way. I also have a Stautory Declaration declaring a change of signature. You can change your signature at any time but just make sure that you sign that way on everything so that it will be accepted as a valid signature. If you change it to the All rights reserved then you will be able to use your license signed this way in future proceedings but unfortunately not in this one.

        • pmcmahon

          Member
          November 30, 2022 at 9:28 pm

          Thanks.

          Regarding my first step;

          Taking info from Mark’s video, I plan to send in a notice with the following:

          Do not accept offer to contract

          Do not accept conducting business with the offerer

          Do not consent to the matter proceeding

          No consent equals no contract

          No authority or jurisdiction ceded

          Return to sender for cause without dishonour

          Offerer as trustee bears all liabilities and obligations

          The only thing is I do not know where to send it.

          The police station name is not readable.

          Do I send it to the court? Or should I try to locate the officers station through her reg number?

          • morag-janet-of-the-hill-family

            Member
            December 1, 2022 at 3:25 pm

            Return to the police station it came from, but get video evidence of you doing so and even better take a witness. Record yourself handing it over so you have evidence that they received it and also take a photo of it for your records and have a witness be prepared to fill out an affidavit stating they were a witness to everything you did in this matter (list everything in the affidavit).

          • morag-janet-of-the-hill-family

            Member
            December 1, 2022 at 3:26 pm

            Just go to the police station in your area and they can sort out who it goes to.

            • morag-janet-of-the-hill-family

              Member
              December 1, 2022 at 3:26 pm

              Or the police station in the area you received the ticket if you were not in your neighbourhood at the time.

            • pmcmahon

              Member
              December 1, 2022 at 4:11 pm

              The statements I am referring to are:

              i; say; i; do not accept offer to contract;

              i; say; i; do not accept conducting business with the offerer;

              i; say; i; do not consent to the matter proceeding;

              i; say; no consent equals no contract;

              i; say; no authority or jurisdiction ceded;

              i; say; i; return to sender for cause without dishonour;

              i; say; the offerer as trustee bears all liabilities and obligations;

  • pmcmahon

    Member
    December 1, 2022 at 4:09 pm

    Do I just write those statements on the back of the notice to appear? Or do I write a seperate notice addressed to the officer(with the original notice to appear glued to it) also stating she did not provide her identification ?

  • morag-janet-of-the-hill-family

    Member
    December 2, 2022 at 10:41 am

    Just read the instructions on ‘what to write on a paper fine’ again, don’t add in ‘I say’ just copy word for word what is there then follow the instructions for serving it to the relevant police station. It is their problem as to who it needs to be given to. Explain at the desk that you can’t decipher the name of the officer so you are handing it to them to work out. Make sure it is all recorded.

    • morag-janet-of-the-hill-family

      Member
      December 2, 2022 at 10:43 am

      With a Notice to Appear, if it has an address on it for the relevant court then send it there once you have written the appropriate things on it, then prepare for court just in case you need to turn up in propria persona.

      • pmcmahon

        Member
        December 2, 2022 at 11:29 am

        Thanks.

        Yes, the notice has the court address. Which is the preferred approach?

        1) send to the court, the notice with the statements regarding non consent etc. written in red on the back of the notice.

        2) send to the court, the notice with the statements regarding non consent etc. written on an A4 sheet of paper glued to the notice .

        3) hand deliver to the police station, the notice with the statements regarding non consent etc. written in red on the back of the notice.

        4) hand deliver to the police station, the notice with the statements regarding non consent etc. written on an A4 sheet of paper glued to the notice .

  • morag-janet-of-the-hill-family

    Member
    December 2, 2022 at 11:40 am

    If you are handing back a fine, and it has no address on it then you take it t the police station. If it is a court document with a court address then you send it back to the court, and prepare to go to court in propria persona because you may have to go there under duress (as they may arrest you if you don’t go) to address the situation in the correct manner to get it withdrawn or whatever you decide you want to achieve. If you go to court then prepare by writing a three step Non Consent Conditional Acceptance process with an affidavit to create an agreement before you get to court.Submit these in court at least three days before, if you need more time then you can ask for an djournment. Prepare for court by practising scripts and preparing for what the judge might say to throw you off balance. I can give you examples if you need them. Here’s something for you to start with.

    • pmcmahon

      Member
      December 2, 2022 at 11:45 am

      Thanks again.

      The Notice to Appear was not sent to me by the court. It was handed to me by the police officer at the roadside. It does have the court address on it. So I send it to the court address? Whose attention do I send it to? Or should I hand deliver it to the court?

      • morag-janet-of-the-hill-family

        Member
        December 2, 2022 at 2:25 pm

        You can either send by registered post and take a photo of it before you send it and a photo of you posting it, or if you hand deliver it then record the event and get the document on video as you hand it over. Everything you do, you need evidence for so it has the potential to be used as an exhibit to an affidavit. An affidavit without evidence willl not stand up in court.

  • pmcmahon

    Member
    December 7, 2022 at 8:06 am

    Thanks for your help.

  • yort

    Member
    December 7, 2022 at 6:37 pm

    Hey mate. Just noticed up where it says adult/child it has the cross. Check out what the meaning is from wikipedia – “The symbol is also used to indicate death (of people) or extinction (of species).” definitions: obelus – mark placed against spurious word. spurious – not genuine, having no right to the name, counterfeit, pretended.

    • This reply was modified 2 years, 6 months ago by  yort.
    • This reply was modified 2 years, 6 months ago by  yort.
  • newguy1113

    Member
    March 8, 2023 at 5:10 pm

    what if you’ve opened the mail containing the summons and wish to return it tot the police station with the non consent statements?