jeff-davidson
Forum Replies Created
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Great result but if it was here in Australia the police would investigate themselves
and find “nothing to see here” and the courts would side with them over you. -
I think you need to take it to court. The 1st step would be apply for
cancellation of the enforcement order https://s56.sper.qld.gov.au/canceo -
I have not heard of anyone publishing it in a Newspaper and it sounds like overkill to me.
If you want to create multiple witnesses what you could do is: 1st send the original notice to the agency that issued the original infringement and if a collection agency becomes involved e.g. Revenue NSW, send them a copy of everything with a cover letter pointing out the matter has been privately settled.
If the infringement issuing agency was the police then copies as well to Police Commissioner & Police Ombudsman, or if they were a council then copies to The Local Government and Social Care Ombudsman (LGSCO) in NSW or the equivalent in your state, plus The Office of Local Government.
If any other agency issued the original infringement then look up who they report to or who monitors them and send copies to them.
If you want to go even further you could create a free web page on google sites, publish everything there and link to it from all of your social media accounts – that would well and truly put it on the public record!
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Love the all rights reserved signature. I wonder if there would be any benefit
if someone in a similar position to you added a “VC” to indicate they signed
under duress and threats with menaces? -
It is their problem if they no longer have the notices, but be kind and send them copies
and do a private settlement agreement if you did not send one with the default notice.If some other unit takes over starts corresponding with you then commence the 3-step
process with them right from the beginning. -
Can anyone assist with pointing me to the law that says debt is wiped if creditor refuses to accept full payment in legal tender?
I am aware of the Legal Maxim: “A payment refused discharges the liability to pay the debt” but is it also written somewhere in Commercial or Civil law?
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In Australia, in the case of Tallerman & Co Pty Ltd v Nathan’s Merchandise (1957),
Dixon CJ and Fullagar J stated that:“The general rule is that a contract is not completed until acceptance of an offer is actually communicated to the offeror, and a finding that a contract is completed by the posting of a letter of acceptance cannot be justified unless it is to be inferred that the offeror contemplated and intended that his offer might be accepted by the doing of that Act.
”In the case of Tallerman & Co Pty Ltd v Nathan’s Merchandise (1957) Dixon CJ and Fullagar J stated that:
“The general rule is that a contract is not completed until acceptance of an offer is actually communicated to the offeror, and a finding that a contract is completed by the posting of a letter of acceptance cannot be justified unless it is to be inferred that the offeror contemplated and intended that his offer might be accepted by the doing of that Act.”
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Seems to me as a retired banker, that if the “fine” is nothing more than an invitation to do business with them then they can specify how to pay which could include pigs, goats, chickens or anything they want and you either accept that or decline to contract with them.
On the other hand, if it is to discharge a debt, then they must take any lawful form of currency, including a BOE and, if you sent them one and they kept it then they have accepted payment for the debt and the debit is discharged, but if they send the BOE back to you then they have refused payment for the debt so the debt is now wiped clean!
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A friend filed his affidavits and exhibits and the judge still refused to look at them
and said that the court clerk should never have accepted them. -
The latest from Sth Australian police fines unit is that as well as ignoring our notices,
they have now ignored written notice requiring the matter to go to court and they
are continuing to add fees to the original fine and now loss of licence is imminent.There must be some way of getting this into a court where it can be dealt with properly,
but how? -
Unfortunately my friend was charged by summons and it is only infringement
notice fines that have been withdrawn due to a loop hole the Redfern legal centre
discovered in the Infringements legislation. The State is still at this point in
time going after people who were charged by summons. -
I just heard of a Magistrate asking what act (legislation) this default notice was issued under.
I assume the correct answer would be “Commercial Law” ?
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One option would be to Send the Ranger a copy of the Conditional Acceptance Letter you
sent to Fines Administration with a cover letter explaining that you are waiting on proof of
claim from them so that you may proceed and deal with the fine.Ask if he is taking over responsibilty for the claim and will he providing the evidence
you required in order to be able to finalise this matter? -
Sorry, I worded that very poorly, I was actually thinking about best way to
sign the Bail Agreement. It is obviously done under duress and coercion
“sign or you won’t get out” -
The paperwork is not included with membership but an 80 minute video on what to do is
free for members -
It was a non-answer and potentially a new offer to contract with them
so you need to stay in honour and reply to it:Thank you for your letter dated xxx, in response to my letter to you of the xxx (please see copy attached). It appears that you have somehow misunderstood the points that I raised in my previous letter to you.
I am seeking substantiation that …… (and repeat the list of questions/proofs you
asked for)Failure to perform to our directions in ‘1’ or ‘2’ above yet continuing to proceed with your unsubstantiated claims will ensue;
1. You accept full liability for the outcome of the proceedings…etc
PS
Two ways to halt or pause any escalation such as loss of license:
1. Pay the fine with a Bill of exchange or promissory note, or
2. Elect to have the matter determined by a court of competent jurisdiction -
Brilliant, thank you.