Aussie
Speeding Fines
A
legal analysis of Mike Palmer's ebook.
Barrister's legal advice:
"It's
a scam.
Don't waste your money on this useless eBook"
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What
happens when you rely on the letters?
If you send all of the letters as
suggested by aussiespeedingfines.com, the fine will be processed by the
enforcement system despite your letters. That it their stated policy. I
am informed by senior police at the Traffic Camera Office that the
police have received legal advice from Senior Counsel ( a Q.C.) that
the aussiespeedingfines.com.au letters are of no legal effect and
should be ignored. I agree with that advice.
If you send a valid objection to the fine
and ask for offence to be heard and determined by a court, you will
soon receive a charge and summons in the mail. You now have a court
case and you can run any defence you want. If you rely on the defence
that the police have already entered into an agreement with you to
settle the case, and/or you argue that the court has no jurisdiction to
hear the matter, you will lose. It is a useless argument that has never
and will never succeed because the police have not agreed to any such
thing. In Australia, silence is not consent unless supported by a
legislative provision.
If you do not elect to fight the fine in
court, eventually an enforcement order will be made against you by the
Infringements Court. Let's assume you ignore the enforcement order and
their demand that you pay the additional costs. Two months later a
warrant is issued for recovery of the debt. Eventually the sheriff
knocks on your door carrying a pair of handcuffs, a wheel lock for your
car and a truck to cart away your jet ski, billiard table and pinball
machines. He wants money or your body. You show him the letters you
have sent to the police. You tell the sheriff that the police have not
provided you with the documentation and proofs that you requested
within the 28 days that you allowed them. You explain to the sheriff
that the police have thereby entered into a private settlement of their
claim and have agreed not to prosecute you. You tell him that the
enforcement order is invalid and so too is the warrant that stems from
it, so he is powerless to do anything to enforce it. The sheriff
laughs, waives the warrant in your face, impounds your car, suspends
your drivers licence, seizes your jet ski and trail bike, and insists
that if the money is not paid within 7 days we will come back and
arrest you.
You go to see a lawyer and ask him to take
steps to reverse the injustice you are experiencing. He makes
application to the Infringements court to set aside the enforcement
order that has been made against you on the grounds that the
Infringements Court had no power to make the order, given the existence
of a private settlement agreement which pre-dated the enforcement
order. The registrar of the Infringements Court refuses your
application for revocation as this ground is considered fanciful. You
appeal against the registrar's refusal. The appeal is then listed for
hearing before a Magistrate.
You attend the Magistrates Court on the
appointed day with your lawyer. Your case is called. You have to
convince the Magistrate that the enforcement order should be set-aside
and you should be given a chance to defend the alleged offence. You get
in the witness box and give evidence to the court. You tell the
magistrate that the infringement was settled by a private agreement.
You tender copies of the letters you sent to the police. The police
prosecutor cross examines you. He asks you if you exceeded the speed
limit on Geelong Road on the date in question. You mumble something
about you are not sure. They produce your first and second letters
which you tendered into evidence moments earlier. They point out that
in these letters you state "Please understand that I am more than
willing to accept your claim and pay the associated fine". You agree
that this is the case but your answer to that is the letter has the
words "without prejudice" on it, so it can not be used against you. The
Magistrate falls off his chair laughing. Of course it can be used
against you. You are the one who tendered it into evidence to prove the
alleged private settlement agreement. The police then suggest that you
could have objected to the fine if you wanted to have your case heard
and determined by a court. You agree that this is the case. The
magistrate then has to decide if there is any basis for allowing the
enforcement order to be revoked and allowing you to defend the
allegation of the offence. Given that you do not deny liability for the
offence, and you have no justification for failing to object to the
fine within the time allowed, the court will most likely refuse your
request to set aside the enforcement order. It will refuse the
application partly because you will have failed to show that refusing
to set aside the order would result in an injustice, or that you have a
realistic prospect of winning your case should you be allowed to defend
the allegation, and because you have failed to show any basis as to why
you have failed to bring the matter to court in the usual manner (by
objecting to the fine within the time allowed). So your appeal will be
dismissed. You will then be ordered to pay the amount owing under the
warrant, together with your legal bill (if you have engaged lawyers).
So the end point is you have been refused the opportunity to defend
yourself in court and you have racked up more than double the original
fine amount as a debt to the state, and you still have the demerit
points, and a useless ebook.
- Site
Content
-
- 1. Introduction
- 2. The aussiespeedingfines
strategy
- 3. The First Letter
- 4. Analysing the First letter
- 5. The Second Letter
- 6. Analysing the Second letter
- 7.
What happens
when you rely on the letters
- 8. Who operates
aussiespeedingfines.com?
- 9. Aussie Speeding Fine
Exclusion Clauses
- 10. Examples of Mike Palmer's
legal nonsense
- 11. Unlawfully providing legal
advice?
- 12. Terms and conditions of
this website
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- View
all as a single page
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