[joerg-m]

I have finally set up my Affidavit and letter to the managing Director of QPS. Do you happen to know how it called, when a company requests 2x for the same “service”. Is this fraud or what other legal term could I use in this case. I tried to find something online but it only found cases where a company offers services and cannot deliver, or where someone paid and there was no service.

[joerg-m]

I would say it is no difference to any other fine. I got rid of Fines Victoria by simply return any letter I got from them with the sticker you can find in the freebie section, and then when they sent me a sms I was sending a letter asking for contract and then an affidavit. They then send me another letter to my new address in QLD (was still in Victoria when they tried to fine me), which I returned with the sticker as well and now it is 3 months since I have not heard anything from them. Could be though since I changed my driver license to QLD as well. Nonetheless, I did the BOE process for an infringement notice i got here in QLD. I converted it into a contract under my terms, draw the BOE and sent all back. You can do the same with your notice if you want to go down the BOE path. It really helps if you watch the videos first before you set up your contract or draw the BOE. The documents do not really explain what you have to do, the context comes thru the videos.

[joerg-m]

Last Friday I got a letter from SPER (more than a month after I have sent my Notice of payment). They completely ignored my temp. appointment of Mark Jackson to oversee my payment process but just said that the infringement notice have not been submitted to SPER as of now and that I would need to contact the issuing authorities for further information. It is really astonishing that any of these government authorities pretend that nothing they get is of their concern, they issue warnings and fines and when you contact them, they pretend it was not me but them, so I cant help you. What also astonishes me is the amount and effort they are willing to put in to pursue this 180 Dollar I allegedly owe them. They have spend already several hundreds of Dollar in pursuing this and I am sure it will be more. Any business having this practice would go bankrupt in no time and only because they have endless supply of tax money, they can do it. So they use the tax money I have already paid to purse my alleged liability. Ironic if you see it from that angle.

[joerg-m]

Totally forgot to thank you for your reply. I have sent the response to TMR. In the meanwhile I got a response from the QPS (Queensland Police Service) as well. They totally ignored my payment, not even mentioning it, but focus only on my my created contract and that they do not agree to it, since I did not choose to bring my case in front of a court.

I have responded with the same letter but also added a kind of cover letter, which I took from the webinar, Creating a contract under your terms. I told them that they disregarded my payment entirely, and for my understanding the payment is done. I mentioned that they have failed to return the BOE within 72h as well as let me know if there is something wrong with it as outlined in my Default and Liability clauses. The only thing I am not sure about is to whom I have addressed it. I tried to find the General manager for QPS but found only the board members and thru Linkedin a Executive Director which looked for me as the one who at least partially runs the business. I also added a clause, that if they decide to forward the infringement notice to SPER which might lead to the suspension of my drivers license that they agree to pay 10,000 Dollar per day, payable within 7 days for the time of the suspension till the suspension is lifted.

I am really convinced that this whole its not me but them charade is set up to confuse people and makes it harder to grab them and hold them accountable.

[joerg-m]

It looks like the new website is not yet understood by everyone tbh. I was looking for the groups as we had it on the previous website and just by accident I cam a cross the activity feed and then saw that this is the new organisation of the groups.

I had a similar situation and just posted something on my own. The way this whole Police / TMR / SPER stuff is set up is just to push responsibilities around. It is simpler in Victoria where you only deal with one entity, Victoria Fines (was able to get rid of a infringement notice by simply sending the letter back and then asked for the contract and sent an Affidavit). In my case I called SPER since in the BOE webinar Mark was mentioning that it is almost impossible to talk to SPER and as in my case they simply push responsibilities around and play stupid. In my case I submitted a request that the fine will be sent back to the issuing authority which was successful. So the imminent threat of having my license suspended was gone. I then paid with a Bill of Exchange instead. They of course argue that I have not paid. But now at least I have written prove that I have discharged my liability and they cannot claim that I have not done the payment. I would try the same. The benefit is, as long as you are arguing with them, there will be no suspension of your driver license.

Not sure if this would work in your case. I guess I would bring this to court rather then trying to solve this thru SPER. I will most likely write a Notice to SPER once I get a response, then put all my evidence in an Affidavit and then bring this to court as well. I guess I will not get this resolved any other way.

[joerg-m]

Do you happen to know if I can hold these managing directors or who ever is in charge of these departments personally liable? I mean I have send my estoppel to them personally, so if they fail to produce the evidence it should be possible to not only go after the department but also the one in charge for co-conspiring.

[joerg-m]

Just right before my deadline would end tonight (5pm) I go t a letter from the Queensland Revenue Office, which is nothing else than the QPS in disguise if they want to collect your money. I guess it is the response to my my letter I have sent them. As written in the letter, I instructed them to send me the response by registered mail and any other correspondence will be send back. Of course the letter came with regular post. Question is, should I open it or send it back as I was stating in my letter to the QPS?

[joerg-m]

Thanks Jeff. Yepp, they have neither sent the BOE back or let me know what would potentially wrong with it.
I guess they learn from previous mistakes as well. The QPS is not saying that they dont accept this type if payment, but instead they pretend that they have not received any so far, although I was sending already a time sensitive estoppel. They just pretend that I didn’t do it. As mentioned I will send them anther letter with an affidavit, where I will write down all the points they fail to provide, including that they have not returned my BOE thus the discharge is completed.

[joerg-m]

I opened up the letter, and it basically says that they have “reviewed” my response but declined to alter their decision. Again they did not even mention my BOE payment but only claim that my contract is not accepted since I did not choose to challenge this in court.
My thought is to respond to them and asking them for evidence where I have challenged the decision. Did I not accept the infringement notice with honour and only completed the incomplete instrument (by converting it into a contract). With no words did I actually claim anything different.
So I thought to convert this writing in the same fashion into a complete instrument, then write an affidavit and get a stamp from a JP and send it back, emphasising once more if they go ahead and suspend my driver license knowing that I have paid, never returned my BOE or let me know that it would be faulty, that they agree to pay 10,000 Dollar per day for the time being of he suspension. I guess ultimately they still will not accept that and go ahead with the suspension. The question is then how can I resolve this ultimately. I would need to bring this in front of a court, not because of the infringement notice but their non acknowledgement of my payment. Else wise they would simply suspend it and ignore any further correspondence. This also begs the question, if QPS and TMR ignores their own statutes and acts why should I do so?

[joerg-m]

Oh yes, I have paid or better discharged my liability already on the 22nd July. I have called up TMR and asked for the status of my infringement notice and it was of course not accepted. I had an Agent on the call and she did not really know what I am talking about and only after she talked to her manager or so, she came back and just parroted what ever she got told (we only accept the outlined payment options on the notice and if I want to choose another one I have to agree this with the issuing party / QPS). I asked if she can give that to me in written form, or direct me to the website where this is stated which she refuse and then kept repeating it 2 more times and hang up on me. Funny things is that I got then at the same day a letter form QPS where they complained about my contract and my terms cannot be accepted. They did not even mention my BOE. So I wrote to both of them with a time sensitive estoppel. I set them a deadline for tomorrow and i have not received a reply from either parties.

[joerg-m]

On the backside of my infringement Notice I had some payment options. Typical ways like BPay, bank transfer etc. I deleted all of them and then just added my lines.

But again this seems to be a non government entity and I have not yet tried the BOE path on them. I want to see if I can eliminate my fine this way and once successful I will try this with other parts in life.

• This reply was modified 2 years, 10 months ago by  joerg-m.

[joerg-m]

The 2nd response (refusal to accept payment) has been sent to TMR and QPS. For TMR I was using the managing director taken from the form you provided. For QPS I was looking for a managing director or general manager. I was not able to find someone with this exact job title but I found an executive director of the QPS which I have sent the letter to. His name is Paul Friedman and was the one which popped up when I looked for managing director Queensland Police Service.

[joerg-m]

Who was writing this to you? Looks more like a private company rather than one of the Government entities. And even then they would admit that they are a private organisation rather than government. Thats why I was crossing out all the payment options (when I got the notice and converted it into a Contract) and only had 1.) do not pay 2.) Pay by a BOE. When I called TMR regarding my fine I could sense by the response of the Agent on the call, that I was hitting a nerve. She just kept repeating stuff, regardless what I was asking and requested the evidence and then hang up on me. You do not do this if you are sure about your position.

• This reply was modified 2 years, 10 months ago by  joerg-m.

[joerg-m]

I have sent my notice of payment to Mark Jackson, Commissioner of Queensland Revenue Office and Registrar of the State Penalties Enforcement Registry.

[joerg-m]

Thanks a lot for your reply Jess. Now that you mention it I recall that Mark mentioned that. Fair enough it it is that easy. Will set a minute document and then add it to the folder in the deed.

[joerg-m]

Thanks a lot Morag-Janet.

[joerg-m]

Thanks for the information. I simply printed out the key sections as provided in the Module and attached them to my response.