There has been some confusion about when to ... - Traffic Law



Resource Letters FAQ

There has been some confusion about when to send letters, which letters to send and when to object and ask for the matter to be heard in court so we thought we would try and simplify this for you a bit. We have had a number of other enquiries about the Resource letters so we have now decided to set up an FAQ page so hopefully you will find an answer to your question below.

Which Letter should I send?

We have included a number of various response letters in our Resources section but the ones that we are having most success with are the ones that make up the 3 step process - Conditional Acceptance, Default Notice and Private Settlement Agreement. These letters work for ALL fines - speeding AND parking and we have just added Red Light Camera fines as well.

How do I know that I have the latest version if you update the letters regularly?

Firstly, we hope to be at a stage fairly soon whereby the letters will only very rarely be updated. The crux of our “system” is the wealth of information contained in the e-book, the letters are just a bonus way of helping you avoid court – they are NOT the be all and end all. As this is a learning curve for us, we finalised the information in the e-book but are still learning about the most effective wording for the letters - we hope to have that sorted out very soon.

In essence, each time you go to write a letter, just download the file directly from the website and you can be assured that it is the latest version. Otherwise, just check the “Last Updated” information to ensure that you have to most recent version.

How do these letters work?

In essence, you are asking the agencies concerned to PROVE that the laws are valid, the devices are legal and have been used correctly - none of which they can obviously do. If they fail to do this then they are agreeing to basically take no further action.

I can’t read the officer’s name – who should I address the letter to?

We have had many people say they can’t read the Officer’s name on the ticket. You should have a copy of our e-book BEFORE you get a ticket so you know what things to look for and what information to get when you are pulled over. Please tell ALL your friends, family and work colleagues to get a copy BEFORE they get a ticket so they are FULLY informed and prepared BEFORE their ticket arrives – remember, the government is making 1 BILLION DOLLARS a year from this – it REALLY is just a matter of WHEN, not if.

If you did not get the Officer’s name at the time then ring that station and quote his ID number and ask them to give you his name. If thy refuse, then address it to the actual Police station and put a covering letter explaining that you rang requesting the name of the officer concerned – as is your right to do – and you were denied this information. You are therefore expecting them to chase it up via the Infringement/Ticket number and pass it on to the correct person.

What is the Obligation Number?

Some states have an Infringement Number, some have an Obligation Number and some have both. If it applies to your state, fill it in. if it doesn’t, then just remove that line.

What is "Code/road rule 1234"

This is the supposed law/road rule or code that they are charging you under. Each state mentions this in different ways, some will specify Road Rule 20 (for speeding) and other states will state the whole Act etc. Just put in there whatever they have written on the ticket. In essence, you are asking them to prove that whatever supposed “law” etc. they are booking you under has been officially enacted – which NONE of them have.

I received a fine for …….. that is not covered by your letters, what do I do?

ALL traffic fines in Australia are UNLAWFUL so we have made up a General Conditional Acceptance Letter and General Default Notice – these are to be used in the same way as the 3 step process outlined at the end of Chapter 2 in the e-book. Again, you are asking them to PROVE that the supposed law, road rule or code that they are charging you under has been correctly enacted – which it has NOT.

What does the bottom line on the letters mean? Do we keep it on there?

The bottom line states that the document is to be used Without Prejudice towards the Author. This means that they cannot legally use anything in the letter against you in court – for example, they cannot come back and say “OH but he/she said she accepted the fine and would pay it”. This is a legal term most often used when trying to settle a matter between 2 parties but not wanting to have any offer you may make used against you if it is not accepted. EG. You owe us $100 but offer us $50 to settle the matter now but on a Without Prejudice basis means that we can’t then go to the Judge and say, “Oh, but they offered us $50 yesterday to settle this.”

What is the part about “discharging the tax”?

An important new addition that we have included in all the Conditional Acceptance letters is making note of the fact that no-one can lawfully discharge (pay) ANY tax (all monies collected by government agencies are taxes) over the value of $20 in Australia – because of the way that the Currency Act is written.

So, even if they COULD prove that the laws were REAL, the devices were ACCURATE and they has used the devices CORRECTLY, you can’t lawfully discharge the tax (pay the fine) anyway!

I have received a Reminder Notice or Final Notice – what should I do?

In most cases, if you follow the steps properly, the first 28 days will expire BEFORE the due date on any Reminder Notice from the agency. This means you can send the Notice of Default and Private Settlement Agreement to the INITIAL person and then send a copy of ALL 3 documents when you write back electing to have the matter heard in court (see answer below for clarification). ALWAYS include a covering letter reminding the agency that the matter has now been settled privately between the parties and any further involvement from them is both unnecessary and unlawful. Remind them of their obligations under the contract and that further involvement on their behalf would be a breach of their oath of office. To cover yourself you could write in and elect to have the matter heard in court as per the final section of this FAQ page.

Do I still need to request that the matter be heard in court? If so, when?

These letters create a binding contract between you and the agency BUT, just because they have agreed not to take any further action via these contracts does NOT mean they will abide by them - the system is CORRUPT, remember - so whilst this SHOULD be the end in most cases, it sometimes isn't.

In these cases you MUST still go to court. Be aware though, you can now use these breaches of contract as evidence against these agencies in a court situation, as well as all the relevant information to your case from the e-book.

Now, there are a few exceptions to note. If you have left it too late and you are on your Final Notice, you MUST write in and elect to have the matter heard in court. You can still use the 3 step process but you MUST do this FIRST otherwise things get out of hand.

If you have a fine that will put you over your 12 demerit points you MUST write in and elect to have the matter heard in court BEFORE the due date. If you don't, you will be hit with extra costs and the agency will automatically have the demerit points applied to your licence and then you will have to face losing your licence or going on a driving bond type arrangement. Again, you can still use the 3 step process.

Finally, if your fine is for something that has an automatic licence suspension associated with it, 30 k's over or whatever is relevant in your state then again, you MUST elect to have it heard in court BEFORE the due date, otherwise, it's too late and your licence will be automatically suspended.

Remember, just because you elect to have a matter heard in court does NOT mean the agency will pursue it that far.

Please see the section below on the most effective way to elect to have your matter heard in court.

How should I elect to have the matter heard in court?

We have now devised a VERY effective manner for electing to have your case heard in court. We have created a new document entitled Court Election. This document states that you have given them the chance to answer your conditional acceptance letter but they have failed to do so. Because they insist on harassing you, you are asking for the matter to be heard in a court of competent jurisdiction. ie. a trial by jury or a court that has 2 Judges present. They obviously cannot do this for every simple traffic fine and this will, in many cases, stop them in their tracks. Please remember that it is your Constitutional right to request this.

Finally, you are reminding them that because they haven’t yet answered your questions they have agreed to not to take further action against you – you will need to alter this line in red depending on whether you have just sent that Conditional Acceptance letter or, if the 28 days has expired and you have sent them the Default Letter as well. Make sure you attach copies of whatever letters you have sent along with a copy of the original notice signed where indicated to elect to have the matter heard in court.

You are also reminding them that any prosecutor and/or Judge would be in violation of their oath of office if they were in ANY way involved in taking action against you. If they were to take this matter to court you would simply point the above facts out to the Judge, therefore providing grounds for an immediate dismissal of your case.

Obviously, if you have left things to the last minute and have not had a chance to send any letters, you would delete these sections from the letter and simply request to have the matter heard in a court of competent jurisdiction.

Okay, hopefully that clears things up a bit. Please feel free to e-mail us if you have any questions. And PLEASE, make sure your family, friends and work colleagues get a copy of this e-book NOW, before they get a fine, so that they are fully prepared and know EXACTLY what to do and when to do it, so they don't get stuck like so many people who leave it until the last minute.

Thanks again for your interest and your support and don't forget to check our Updates page regularly, as we are constantly updating areas of the website as well as improving the letters from time to time as well.

Stay safe on the roads,

The Team at Aussie Speeding Fines.

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