Saturday, 28 December 2013

Are Speeding Fines, Parking Fines, Tolls and Tram Fines Voluntary?

I have sent variations of this letter for a few fines and tolls. So far the response has been similar: there is none. Once they receive this letter, they send no more correspondence, even when originally they stated that if the fine isn’t paid within 30 days, they will issue further fines. I can’t tell you exactly the reason behind it, only my suspicions: that the fines are voluntary – invoices issued by a corporation to generate revenue, with the expectation that you will comply without question. Normally, when you pay the fine, you have agreed to the contract through your compliance. If you don’t pay, then you have no accepted the contract, and you have no obligation. They never reply because any response they could be an admission that what they are doing is fraudulent or unethical. They don’t issue any further fines because you have called their bluff. They have charged you without trial, which is a perversion of justice – they have presumed you were guilty.
You are free to use this letter as a template for your own fines. A priviso: as I can’t possibly understand your exact situation, none of what I am typing qualifies as legal advice.
The letter follows:
Civic Compliance Victoria
GPO Box 1916
Melbourne Vic 3001
The date.
To whom it may concern,
I am writing to discuss your request for a contract titled: “Infringement Notice”, obligation number xxxxxxxxxx.
You cite the Infringements Act 2006 and the Road Safety Road Rules 2009. Before I agree to this contract or pay your organisation any monies, I will require the following proofs relating to these acts and rules.
A. Proof that those acts and rules were applicable to me at the time of the alleged infringement.
B. Proof that those acts and rules obligate me to pay the requested amount; and
C. Proof that you have the authority to enforce these acts and rules; or
D. Proof of a contract signed or agreed to by me that clearly states I am bound to pay these amounts; and
E. Proof that this contract was applicable to me at the time of the alleged infringement; and in addition
F. These documents signed by a man or woman of appropriate authority, with full liability and under penalty of perjury, and witnessed by a notary public or Justice of the Peace.
Please provide either all of proofs A, B, C and F, or all of the proofs D, E and F.
If you issue me any more requests for payment without first producing these proofs, I will impose the following fee schedule:
$170 (one hundred and seventy dollars) per hour, or any part of an hour, for the legal research necessary to determine if your claims are valid.
Please respond to this notice promptly, within fourteen days of receipt. If you do not respond within fourteen days, it is assumed that you no longer wish to negotiate this contract, and I will consider it void.
Your pal,
Kurt David Robinson

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