tasman
Forum Replies Created
-
It’s easy to see t you contribute substantially here and I have appreciated your prompt responses. Why I’m not getting my point across this time I cant figure so I’ll take a different tack: The doc “1B PROCESS TO DISMISS CHARGES” from Mod19 (purchased), at point 6 talks about completing a Statutory Demand & Affidavit, exhibiting the 3 notices etc. I’m assuming I can work out how to complete that from the templates provided. 2nd para at point 6 says this package of doc’s …”are then filed at the Court prior to the proceedings……….”. It then repeats BUT this time says…. ” IF there is a proceeding.” ??? SO – Do I deliver the package or mail it to the Court where presumably it is filed ?? How do I find a relevant Magistrates Court.?? What reason might there NOT be a proceeding ??
I headed down this path because I watched the recorded webinar which went into the Notices etc. I now find out there could have been some different options. Is it too late to change approach??.
-
I sent my renewal application signed ARR – they phoned me but in the end , they just adulterated the signature by removing the ARR. I emailed about that – no response.
-
Having the same problem but I wish to query the approach being based on “it’s my usual signature”.
Why is it not correct to challenge on the basis that nothing can prevent a man reserving his rights.
OR is there ??
-
Glad I spotted this – I’m about to deal with one of these BUT I can’t find the letter templates. I gathered from the notes, they are member inclusions. Could someone point me there please ??
-
Thanks Janet – but the question was about the best / appropriate way to obtain a true copy of my original application. I’m sure I’ll be ignored if I send another email…. so what process should flush it out please.?
-
On an unrelated topic, Promissory Notes ?
In reading what I’ve found so far on this site, I haven’t found any material explaining what the benefit is ?? ie If it’s an infringement, I still end up paying and losing points – Have I missed something – what is the point.??
-
You could try an ASIC search. I would expect a CFO to be listed.
-
SDR = State Debt Recovery NSW. Module 19 does not provide any recommendation for dealing with SDR??? —— If I can’t review a recommended process, how can I decide on an approach ???
-
Thanks Janet but this is not yet with SDR (State Debt Recovery). My intention is to seek some pointers for dealing with this follow-up notice from Revenue NSW, issued by email. I did a RETURN TO SENDER on receiving the first infringement notice from them. They have now issued a follow-up by email to my Service NSW acct. I obviously cannot return it. Should I start a 3 step process?. Does anyone have an alternative suggestion??
-
Module 19
-
By the way, slightly off topic – regarding SDR. I have watched the video associated with module 19 several times. I have also asked the community about dealing with SDR. I have also raised a query through “Contact”.
The video does not mention SDR, nor has the community / contact been able to answer I still cannot get an answer on dealing with SDR.
-
Thanks again Janet – my apologies I forgot to mention it was a camera detection not a face to face confrontation Does this change things.??
-
Thanks indeed – but to ensure we’re on same page, I returned unopened, the reissued fine. I’ve NOT received any other notices/communication since. I’m just trying to learn what to do if it goes to SDR.
It seems the consensus is to return unopened as well. Would like to understand more about your comments re $10,000 ??
-
Ok – yes I see – now I get it.
Thanks
-
Thanks – but what do you mean “not consented to their first presentment” ? – after my first 2 notices, they cancelled it and re-issued for a lesser amount -it’s this 2nd presentment I’m “RETURNING TO SENDER” unopened.
-
Yes – very inspiring – the responses to this topic have given me heart – I see I need to increase my knowledge.
Aside – Re RED “NON CONSENT” etc. label – After adopting this for the first time, should I receive further notices, how many times can I “RETURN TO SENDER” with “RED LABEL” attached ???
Anyone ???
-
Thanks morag-janet : In the event my situation ends up in court, I will value this.
I am however still bewildered at not finding a recommended process for dealing with SDR in a way to prevent court.
-
Yes – Cancelled the original (confirmed I had nothing to pay) – re-issued a new infringement number.
I didn’t open it but returned it promptly with the RED Non-Consent etc.etc. sticker per suggestion by Morag-Janet. I’m trying to be ahead of the curve – it bothers me that no-one here can point me to a webinar or module when this must surely be a common matter to deal with.
-
Thanks – I ask only to be ready in case the parking infringement is handed to SDR.
Situation is:- Got to letter 2 re a parking fine – parking fine was cancelled and another issued (checked it on Service NSW) for a lesser amount. Didn’t open it – applied red sticker and returned it. Haven’t heard further – just trying to prepare ahead in expectation of it going to SDR.
My thinking is – their claim has never been justified.
-
I have just now received the replacement infringement notice from Revenue NSW that I was advised of earlier (when notified of cancellation of the original). I haven’t opened it as it was suggested I apply the RED stickers and return it unopened – ie starting from scratch with the replacement infringement. I therefore won’t know if I’m returning a replacement infringement of zero balance BUT my question here is :-
Should I return it by registered mail ?
Do I simply apply the red sticker and return it – or is there additional stuff to do ?
What if the replacement notice is for $zero – could my non-consent revert my position ?
-
Just a while ago, I phoned council as I never received the original penalty notice. They are going to email it to me BUT – I could phone back and request it by mail then not open it. ??
-
Well now that does make sense and (if correct) is great to hear. At this point, I may not need to go further as I’ve received an email from Revenue NSW, after letter 2, advising the infringement has been cancelled and a replacement will be coming by mail. As Morag suggests, I will change tack and return it unopened with the RED stuff on it. It may even be that the replacement infringement is for zero but that won’t matter. I think however it’s important to know whether a court hearing is in the procedure as Mark’s doc implies.
-
I purchased Module 19 Infringements, it includes a doc “1B PROCESS TO DISMISS CHARGES” (Attached) – at point 6 – equiv to Kari’s “Final step (4)”, it talks about doing a “Statutory Demand & Affidavit”. It goes on to say that the failure to to deliver proof of claim creates an “equitable estoppel” —- ie informant has tacitly agreed to abandon the right to pursue charges. BUT – it goes to say -” the stat dec/affdavit are filed at the court prior to proceedings.
Point 7 is about attending the proceedings. So – there is a huge procedural gap here – no-one has yet responded to these questions in relation this gap.
a. Is a magistrates court (NSW) just a local court.
b. I need to hand deliver the package or can it be by reg’d mail.
c. what determines if there will be a hearing (presumably to ratify the default judgement & issue the court order)
d. Is the equitable estoppel also ratified by the court or is it taken as done due to non-response. If deemed to be done then one wouldn’t need hearing.
Does anyone get my point – I haven’t been able to get the relevant detail of the process for this final step. Clearly there must be a court hearing because that is what doc “SCRIPT” is provided for. If I was to try his from just reading Module 19 – I would be sunk.
-
Kari – that is most enlightening. However, the point that you are doing so much research yourself (ie research into procedure as well) demonstrates an important shortfall – there doesn’t seem to be complete / thorough written procedures available on this site. I’m still trying to find the process for getting “Default Judgement” even though I now may not need it for my 1st little test exercise.
Best of luck with your matters. Thanks again.
-
Well thank you Morag BUT I feel it’s a fluke AND I would still like to understand where I was headed with the other approach ? ie more procedural detail about getting default judgement and for which circumstances should it be used.
WHY does module 19 instruct to do the 3 Notices ???
-
It is a simple parking infringement – no demerits. I never received the original -first I knew was a reminder notice. I rang council – they arranged to have original sent to my gmail addr.
I have just received attached from Revenue NSW saying council cancelled the original and have issued a replacement fine by mail. There is a comment “You are not required to pay the fine” – but can’t say which fine it relates to.
FYI, my 2nd notice was sent directly to the parking ranger??.
-
Thanks – I got that a little while back – it’s way too complicated and doesn’t deal with my simple questions which once again are:
1. Firstly, have I understood correctly that the recommended approach for infringements is to issue the 3 Notices etc?
2. And that after non-response to them, an affidavit (with accompanying stuff) would be hand delivered to a local magistrates court and lodged for the purpose of applying for “default judgement”.
3. Does this mean there definitely will be a hearing ? (to rule on the application for the default judgement). Presumably so – isn’t that’s what the “SCRIPT” is for?.
4. Presumably the other party (Revenue NSW) gets notified (by the court?) of the application.
Do you see where I’m coming from – nowhere can I find details as to how this part of the process works. As I mentioned before, at point 6 in the “PROCEDURE” doc one para implies there is a hearing whereas the other says “IF there is a hearing” but there’s no explanations – I’m not even sure how to find a “magistrates court”?
I’m sorry but I’m completely lost on this part of it. Would you be willing to phone me.?
-
Was impressed and interested in your original letter as to the range of questions you put – where did you get that from??. I paid $200 for Module 19 and am attempting to comprehend the process with some difficulty around how one goes about lodging affidavit etc and getting default judgement. Still can’t get clarification and very unsure if I’ve even posed my questions correctly. I’ve issued 2nd notice and trying to keep ahead so I’ll be ready for the next steps as they come.
-
Thanks again – I can’t find anything relevant in the doc you attached BUT more importantly, I’m still in need of details about where / how to lodge the affidavit?. The template letter is headed “Magistrates court of XXXXX” – no specific address. Is it mailed to Head Office ? is it delivered to a local court ??, what acknowledgement should I expect?, what happens after that ??
AM I MISSING SOMETHING – SURELY YOU HAVE WRITTEN PROCEDURES COVERING ALL ASPECTS OF THE PROCESSES YOU ARE ATTEMPTING TO TEACH MEMBERS?
I’VE BEEN INVOLVED WITH DELIVERING BUSINESS SYSTEMS FOR 50 YRS – I’M SORRY BUT YOU FOLK MIGHT BE KNOWLEDGEABLE WITH LAW BUT YOUR DELIVERY OF YOUR SERVICE IS RIDDLED WITH HOLES FROM MY CURRENT PERSPECTIVE.
Module 19 (Infringements) has clearly sent me down the path of issuing Notices, to now find you would have recommended returning the envelope with RED stuff over it?.
Anyway could I please get help to understand (in detail) the processes after the 3rd default. Anyone would need to understand what they’re in for up front in order to decide whether to take it on.
-
Ok – Mark mentioned the trade-off between stress vs money in the webinar. I’m not concerned so much financially, I’m ok with spending a bit to learn the process. The stress has come from not having clearly laid out instructions of sufficient detail to feel I understand what I’m doing.
I thought I was working my way towards the equitable estoppel / private default – BUT it isn’t clear whether that is achieved by taking Revenue NSW to court (ie attending a hearing / using the script) or if it’s a paper process.?
I am expecting a further notice from Revenue NSW advising that a further $65 has been added for non/late payment. Is it appropriate to send the envelope back with the RED wording and also continue to the 3rd Notice/Demand after 2nd default – or are those 2 actions incongruous / mutually exclusive. ??
Can I pay to talk to someone for 15 – 30 mins??.
-
Thank you again – but it seems you have inadvertently not responded to point 1. – the real issue I have regarding what happens after the 3rd notice. In more specific detail;
1. How does one actually lodge an affidavit with a court – by mail, hand delivered ?.
2. The template letter is head “Magistrates Court of XXXXX” no specific address ??
3. Does lodging it Imply there will be a hearing (if that’s the right word)?
4. Should I expect a response/reply to it’s lodgement. If so what happens then?
5. Is it possible the infringement might be withdrawn at this point?
I am still trying to understand a lot of things including how to use this web site. Have I missed something – are the answers to the above somewhere I haven’t looked.??
Why aren’t full/proper explanations of processes provided. The above 5 questions is to demonstrate the kind of detail a beginner needs – there are many more missing pieces of info when I read “1B PROCESS TO DISMISS CHARGES”. which IMHO is overview(ish) How am I expected to get over this hurdle and “self learn” unless I can get answers somewhere??
I feel I’m sailing without a compass and doomed to failure.
FINALLY, I can’t express strongly enough my frustration with this editor missing keystrokes.
-
1. Thanks for providing short doc 3rd notice and 4th step. It’s implying I must take legal action against Revenue NSW, a move I don’t feel comfortable with ?? and that I don’t see any detailed instruction on. I found a template for “Default Judgement” at P292 of workshop manual. I will eventually need help on this – I’ve just sent 2nd notice.
2. I purchased Mod19. I’ve looked thru it. I’ve made a workbook (attached) setting out Mod19 contents with notes/comments as to what the use of each seems to be. Would you kindly review it and corrections for me. If you feel it might be useful for other beginners, you could include it in the Module.
Anyway I hope these 2 items aren’t overbearing but I need the help.
-
Thanks for doc on “How to write Notice” I have now adapted the “Mod19 DEMAND” template to use for 2nd Notice – BUT still would like comment on whether to include Parking Ranger – doesn’t feel right to me. Looking at the webinar, I’m still unclear on process after the Final Notice. What is the process/step that establishes they are in default and how is that used to fend off ongoing claims.?
Please help me with letter 2 attached.
-
No – I did it to fit in the box in 2 rows ie with Sig first and ARR under it.
They just removed the ARR so at least I have a passport
A good idea is to overlap a little but I doubt they will process it.
-
This reply was modified 2 years, 5 months ago by tasman. Reason: fix dropped word from this useless editor
-
This reply was modified 2 years, 5 months ago by
-
On Service NSW site, I noticed an option to give permission for someone to deal with a matter. I used it to give me (the living) authority to deal with it on behalf of the Stat Creature. Just an idea I tried. I later received an email from Comm. Fines Admin pointing out … “you seem to have nominated yourself”… I then sent the letter you refer to with the explanation at the front, leading into the demand for particulars.
-
I sent a demand to Commissioner Fines Admin 22/12/22 – letter was based on watching Mod 19 Webinar. See attached
-
I sent the 1st “Request for further and better particulars” by Regd mail 23/12/22 based on the webinar I watched. This was in response to a “Reminder Notice”. I never received an original Infringement Notice. My notice was addressed to Commissioner of Fines Administration and sent to the PO Box. I now have no idea where got that from??. The reminder notice refers to it being issued by an “authorised officer of Lane Cove Council”. I have just now received an email from Revenue NSW with further reminder to pay by Jan 12th.
HAVE I MESSED UP BY WRONGLY ADDRESSING MY FIRST NOTICE ??
SHOULD I ISSUE THE 2ND TO THE UN-NAMED PARKING OFFICER AT LANE COVE COUNCIL?
I just purchased module 19 and find it most confusing – I am about to give up on all this.
-
Ok – Thanks
Will check it out promptly.
-
This reply was modified 2 years, 6 months ago by tasman. Reason: Missed a word
-
This reply was modified 2 years, 6 months ago by
