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Traffic infringement fine dropped
Posted by Brett1305 on October 8, 2023 at 3:38 pmHi All,
I received an infringement notice for not having freight strapped down on 14/6/23,
I signed the copper’s tablet By: my signature, All Rights Reserved.
I did the same thing with the court election notice which I sent off within a few days.
I was prepared to go to court, but I haven’t heard from them.
I just checked my online account with TMR and saw that there are no infringements outstanding!
morag-janet-of-the-hill-family replied 1 year, 1 month ago 9 Members · 93 Replies -
93 Replies
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Well done Brett! Great to hear how well just signing your name properly and reserving your rights works!
I’m just about to send my final notice to Revenue NSW regarding some infringements and to protect myself from further statements of account or license suspensions. I just checked and they have removed all demerit points (it was 13 and I had elected to be on “good behavior”) and two of the infringements have disappeared but one fine still remains.
I’ll be sure to report here on how I go.
Keep up the good work, the more of us doing this stuff the better!
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Hi Bernie – what process is it that you used?
Thank so much!
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I used the 3 step process outlined in the fines and infringements module.
Just to update, I’ve now completed the process and sent off my affidavit/declaration too. They have removed the final fine and lifted my good behavior period.
They made the mistake of sending me a not voting fine after I sent my declaration too. So I sent them a $3000 invoice for dishonoring their agreement. I’ll pursue them for that too and see how far I can push them.
Lots of fun!!
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Hi Brett,
I can see that this post was from October so you may be well past this information being usefull to you but here goes anyway.
I’ve just been through a similar thing for a traffic offense whereby I submitted a court election to buy me some time. I was able to convince then to reinstate my license over the phone due to the court election. The court notice took quite a while to arrive and the court date was set for 13 months after the initial fine was issued. During this time I completed the 3 step process and achieved an equitable estoppel. Transport NSW removed the fine and I thought, yay win for me.
Turns out they still decided to have the court hearing without me and sent me a Notice of penalty for $800 from the court. I emailed the court and appologised for not knowing that I needed to inform the court that the fine had been removed. They replied and said that the fine was removed because I had elected to have the decision made in court and that once you make a court election it is not able to be removed (might be why yours has disappeared too).
Anyway I sent them a copy of the equitable estoppel as evidence the fine had been removed and the section of the fines act which states a traffic case may not be prosecuted more than 12 months after the issue of the fine. I asked them a second time if they had authority and jurisdiction to do this. And gave them the choice to either grant an annulment based on the information i had provided or pay the $800 they now owed me after I turned their notice of penalty into a contract.
I should hear back from them in the next few days.
So maybe be prepared that you may still have a court date coming and be prepared to show up in court with your evidence. I wasn’t very keen to actually go to court, one day maybe but not at this stage of my learning.
Hope this helps.
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Wow that is so great, you’re pulling out all the stops and not giving them any quarter. Keep us posted as to how it progresses please! Awesome to hear some one just throwing everything you are learning here, at them!
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Hi Guys,
Having a bit of a downer now, turns out things arent going as smoothly as I thought. I’ve now received a notice saying they have revoked my registrtion for not paying the no voting fine. I’ve also just checked my Service NSW account and they have also suspended my licence (again) for my dealings with the court where they ruled against me despite an equitable estoppel being in place. It looks like they have just ignored everything I sent them and suspended my licence and registration.
I’m a bit lost at what to do now, I thought I was doing OK at holding my position but I’m not sure what to do now when they blatantly ignore and disregard the equittable estoppel that is in place. I have sent notices and informed them of this multiple times, I’ve sent invoices for their breaches but they still just ignore and do what they want anyway insisting that I must pay their fines to have my license and registration reinstated.
I must admit I am nervous about calling them and asking them to reinstate my licence because I’m not confident that I will get anyone to take liability for their decisions over the phone.
Any advice, guidance, sugestions or support would be greatly appreciated at the moment.
All my best
Bernie
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Quick update. I ended up calling Revenue NSW and used the phone process to try and waive the suspensions. The lady was quite friendly however did not give me her full name and didn’t agree to take liability for her decisions. I decided to go ahead anyway – maybe a mistake.
I tried the equitable estoppel approach however she claims she can’t find any evidence of the equitabble estoppel. I tried the genocide approach however she said she can’t remove the restrictions because they came from other agencies ie the court and the electoral comission and I would have to get them to lift them.
What she did however do is reinstate my registration while she submitted another claim for my not voting reason, 28 days for them to decide. This buys me time to send my last 2 notices to the electoral comission and establish an equitable estoppel with them and/or have the fine removed.
She also put a 2 week hold on the court fine which gives me a bit more time to deal with the court before they suspend my licence again.
Oh how they duck and weave to make life difficult for us. It does however buy me some time and attempt to approach this from another angle.
Best wishes
Bernie
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Hi Mate,
So the transport office cancelled your vehicle registration for failing to pay your failure to vote fine?
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Yep that’s exactly what they did.
That’s after deciding my reason for not voting was not valid, and not responding to my first notice. I hadn’t sent then my second or third notice because it was only for $55 and I was just using it as a practice exercise. I’ll now complete the process and hold my position.
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I’m going to re sign my licence with all rights reserved, I was watching one of the videos where they said to get a jp to witness a stat dec saying that this is your signiture but I can’t find the picture with what to write on the stat dec, can anyone point me in the right direction please. Any other tips for when I go to do this would be appreciated also thank you
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I also need to do this. I was in Service NSW last week to get my firearms license which you need to sign for. I did notice that they now give you a little piece of signing paper and no longer get you to sign on a touch screen.
I began to write All Rights Reserved and about half way through she gave me a new signing paper and said we can’t legally accept an All Rights Reserved Signature. I said “But that is my signature?”.
She explained it away by saying there was some “knowledge article” about it which she tried to find but couldn’t. I’m assuming it was some propaganda released by Service NSW to convince it’s employees that they have some kind of authority to tell customers how to sign. It does make me think though that there are more and more people signing All Rights Reserved. Interesting little test though.
My drivers license is due for renewal in a few months so I’ll go in more prepared with a stat dec and whatever else I need. Any information or advice that people here can provide would also be much appreciated.
Thanks guys!
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Thank you that would be good. I’m also having trouble getting my source document they will provide me with an uncertified copy. Theirs no point if it’s not certified is their? I’m in WA thanks
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here’s an NZ one, just look for a Statutory declaration form in your area’s court documents online then print it out and fill it in with the details here.
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Morag thank you very much for this. This is very helpful.
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Here’s an updated one. This is the one I used I just made a couple of changes to the first one I showed you
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Hello, I have questions regarding signing with ARR. When I google it I am seeing it has a meaning relating to copyright? What am I missing here?
many thanksRox
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What you read online isn’t always accurate. Here’s an explanation of the Arr signature.
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I received my new licence card today with my old picture and signature on it.
So next step ? As I don’t have anything apart from the stat dec with my new signature on it I’ll go to the bank tomorro and change my signature there.? Any more suggestions pls
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You needed to ask for a new photo, did they take you photo again? if they did then you can use the script below.
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Thanks I did today they said they will resend my licence to me with updated photo and signature 🤞
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Finally I got my new licence with my all rights reserved on it after sending me one with my old signiture and old picture I rang them up and ask who was committing fraud in their dept it was Friday when I rang they said a new licence would be sent out that it was a error and I received my new licence Monday morning which is record time as I live 3 hours away from the city. Now going for my source document today 🤞
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Well I Just got stopped and locked up for failing to follow an assholes order. I asked them for their business card and emdemity insurance details snd they said they didn’t have insurance . I produced my all rights reserve licence then asked 3 times if they were going to arrest me or am I free to go. They arrested me. I said I didn’t consent to the whole process over and over so they arrested me. Iv now been charged with failing to follow a cops order snd they suspended my license on the spot until my court date in two months time. They also left my car sitting in the middle of the service station main drive thru area and they wouldn’t let me move it. I live in the country so no one is in attendance at the servo until morning. Great.. I’m screwed …. What now ?? Help pls
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Did you get evidence of everything that transpired? Did you sign anything? How much time and energy have you got to put into a remedy?
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When I asked him if I was under arrest he kept saying I was under requirement and I wasn’t free to go.
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Did you ask him what that requirement was?
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Do you know the Australian case law on that?
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Here’s some ideas, read the whole document. Remember to keep watching webinars and buying modules that will help you.
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It’s not the fine I’m worried about I’ still have a court date in august for failing to comply with an order, I didn’t have my all rights reserved licence then. I’m not so worried about this one but them disqualifying my licence last night until my court date is the kicker, I live in a country town and public transport is nearly non existent. I can’t risk driving as they will impound my vehichle and last time that happened I was lucky to get it back. I havnt been done for anything but failing to comply with An order I asked the copper last night did he see me being dangerous on the road I was traveling on he said no I asked if he smelt alcohol on my breath because that’s why he stopped me & he said no. I told him I was traveling not driving . He took me in for a breathalyser three times he went thru the whole process each time he asked me something I said I don’t answer questions and that he had read me my rights and I choose to remain silent. He kept asking me if I understand what he was saying and the process I said I didn’t understand and I didn’t consent to any of this process or to being their or to doing any type of business with them. He kept asking if I was refusing to have a breath test about the fourth time he asked if I would do the test i said no that I dont consent and he just about jumped out of his seat, “you said no so your refusing to have a test then you said no…” he totally cut me off and I continued and said I don’t consent to being here I don’t consent to the whole process. He then booked me. With failing to comply with an order.
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The trick is to give a conditional acceptance. ‘I do not consent’ is dishonourable and considered belligerent but ‘I am not refusing I am quite happy to do it if you can verify your claim, I just need to ask a few questions first [eg Are we in agreement I am a man?] Then ask each question three times to establish and agreement. You need to watch the webinars and buy the modules so you can learn how to deal with traffic stops more effectively and to create a situation where the officer will be the one paying in the end by asking the right questions that will set him up for it. There’s too much to cover in this reply and you will only learn it thoroughly if you watch the webinars and buy the modules and role play, role play, role play, then on top of that carry the scripts and documents you need to successfully hold your position or to gather evidence that what they are doing will not stand up. A camera is also essential. There are ways to deal with every scenario but it does take lots of study and preparation.
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Ok iv read a lot and watched a lot it’s a bit different when they are in your face. I though by not consenting that was holding my ground I get what your saying tho. In Regaurds to my all rights reserved licence he didn’t care less. I asked him for his business card and insurance information he said they don’t have business cards and they don’t have insurance
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Yes you are right it is very different when in the firing line. We carry a script with us at all times and case law and evidence they are a corporation and evidence they police by consent, we carry their code of conduct, we carry Law Society evidence that we do not have to consent to a breath test, a fee schedule etc etc and the scripts we carry work in with the evidence we carry. We have a camera as well in the car and also a hand held. We have notices on the car. We role play regularly. So we try to be as prepared as we can for any stop.
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It is great you have it recorded, I would send away the complaints straight away.
I would honestly see a lawyer as it does sound like you can claim damages. I can send you some complaints I have done if you? You can take what info you like and discard the rest.
Here are come laws and acts they have violated they have broken too.
On the fee schedule there is a act they they violated so I add this on too, plus it gives you a good reference to use if you want to do up a invoice.
To me they are in the wrong and you have evidence of this, so to me you can do up your own claim of damages via a Notice Of Payment of Debt with a supporting invoice stating what damages you want to claim, you can put the acts and Laws they have broken in the invoice .
Or you can take your evidence to a lawyer and get them to do it all while you are doing up the complaints.
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I thought as you have not been found guilty yet they cannot not suspend your licence?
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https://solutionsempowerment.org/webinar-options-to-address-a-summons-notice-to-appear/
solutionsempowerment.org
Webinar: Options To Address a Summons / Notice to Appear – SolutionsEmpowerment.org
Webinar: Options To Address a Summons / Notice to Appear – SolutionsEmpowerment.org
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solutionsempowerment.org
Webinar: Court Role Play (How to competently address Court & win your case and/or have the case set aside sine die or dismissed) – SolutionsEmpowerment.org
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https://solutionsempowerment.org/webinar-how-to-address-police-when-affronted-by-an-officer/
solutionsempowerment.org
Webinar: How To Address Police When Affronted By An Officer – SolutionsEmpowerment.org
Webinar: How To Address Police When Affronted By An Officer – SolutionsEmpowerment.org
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Hey hey,
Did you happen o record it or have a witness with you?
My first point of attack would be to get the footage from the Rights to information portal, (you have to summit for this) make sure you demand the body footage as they will try only give you the dash cam footage.
Or you can request this in the court proceedings.
I would be seeking a lawyer to be honest as it sounds like you have been unlawfully and legally arrested, plus many other things.
To see a lawyer would be the quickest way to get them I’m my opinion.
I would while you’re building your case with the lawyer be lodging formal complaints to everyone. (I will send you a list of the ranking to whom you can complain too)
I will message you and send you some good information too.
With the driving license being canceled I would drive away, I mean you know you’re in the right so fuk them.
If they pull you over just stick to the script but be better prepared.
My advice is next time is to just surrender and state you comply under duress but don’t consent.
Then take the fine and take it to court.
While you’re waiting for the court date you can get the RTI and formal complaints under way and set them up using the 3 step demand notice, put in a fee schedule too and that way when they default you can then start the demand for payment notices.
You can send them Demand notices for further and better particulars but it sounds like you have enough to go after them now anyway.
I don’t know if you could send them the 3 demand for payment notices and do up an invoice.
I’m not sure if a fee schedule has to be issued first or not.
To me you can list the damages they have done and send it but this I’m not 100% on.
Maybe someone else could comment on that.
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Great suggestions. As far as sending the fee schedule, I would do that and chuck as many options at them as possible to set them up for a fail. Seal all the exits!!
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Could you please send me the list I can go thru for complaints thank you
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There’s other examples in Module 25 File a Formal Complaint to Achieve Your Favoured Outcome
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I recorded them until he grabbed my phone out of my hand and took me to the lock up I said the whole time I did not consent to any of it. I did have to sign and do finger prints but I started that I was doing so under duress and threats of menace
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Do you have a friend you can carpool with, do you have a friend who can drive you to work? Can you leave at a time when you will not be seen on the road? Just try to think outside of the square to solve your problem.
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Did you get your phone back, he tampered with evidence and that can get it thrown out. Did you have the recording uploading to the internet? Do you have any witnesses?
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I have the full video on my phone I also asked them for their business card and insurance details he refused to give them to me. He kept saying I’m under requirement to do a breath test. And I wasn’t free to go
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No but I have the video I asked him about 10 times if I was under arrest or if I was free to go he ignored me
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He took the phone out of my hand when he arrested me and refused to give it back until I was dropped at my house
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Well that is excellent you now have proof he tampered with evidence and that voids the interaction! You have all of your evidence that you can use in court on your phone, just study up to give yourself a high chance of succeeding. You could start a three step process with the cop and send him a fee schedule and then you will perhaps be able to invoice him or ask for damages in court as per your fee schedule. There is lots you can do to make your case better. Maybe focus on solving the problem of getting to work first. You could possibly also add in charges for the problems he has caused you on your fee schedule?
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Thank you I’m currently going thru the links you sent me.
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This reply was modified 1 year, 1 month ago by
Wendy Clarke.
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This reply was modified 1 year, 1 month ago by
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Was he recording too? You could perhaps do a request for his footage if he was.
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When I was being processed he then told me that my licence is automatically disqualified because the charge was the same as if I was done for dd. Iv looked at my licence status and it’s suspended.
Any info or possible links reg the instant disqualification would be very much appreciated. Thank you.
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Also you cna go to the Q and A this wedenesday and ask your questions there… https://solutionsempowerment.org/event/general-qa-may-8/
solutionsempowerment.org
General Q&A: May 8 – SolutionsEmpowerment.org
General Q&A: May 8 – SolutionsEmpowerment.org
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Module 17 Court Role Play has a script for dealing with suspension in court
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Thank you . does anyone know how I can get the disqualification lifted of my licence until I go to court pls I was on the q&a last night but he didn’t get to my question. I’m doing the complaint process but wondering if theirs a more direct option. Thanks
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I would target the cop straight away, I would email him a notice of demand and particulars. I would add a fee schedule too. I would maybe see a lawyer as they can go after him, but maybe do your notices first so you have that fee schedule in place.
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Here’s some more info for you from the Q and A last night.
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I rang to speak to them and got the Sargent who basically said I’m their ripules they have the right to disqualify a licence on the spot and I’d have bugger all chance of winning against them in court he basically attacked me. He said I clearly have issues with police as I still have an upcoming court date for a breath test that is to be heard in august ( the cop tampered with the test) and it just seems I am angry and hate all police and I will loose that case in court also. He was a real asshole, said he wouldn’t record my complaints ams the matter won’t. Go any further the prick
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Fantastic!! if you got that recorded that is evidence of lots of other infringements by him. You can use that transcribed recording on an affidavit as more evidence of the cops incorrect procedure which invalidates what he has done. Did you ask to speak to his superior?.
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I didn’t he woke me up I wasn’t really ready for the phone call at all. I’m doing much more study over the weekend. I’m sick of their shit. One thing I read which blew me out is their motto Built by coppers for coppers. Says it all really
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This reply was modified 1 year, 1 month ago by
Wendy Clarke.
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This reply was modified 1 year, 1 month ago by
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