2007 - 2008 Testimonials


Thank you for all the information in the E-book.

I got a fixed camera speed fine (69 in 60 zone) and objected. Police just sent a court date notice, since I disputed the fine, warning that court costs could be added if I did not pay the fine.

I got all my information together since I had your e-book instructions. It was no deal at the first time in court only me saying " not guilty" and setting a day for my court appearance. Again I had all the information and felt confident ( a truck in line with my car on all pictures ). The prosecuter presented his information with papers on the operator ,appointment of Authorised Persons, test certificate of the camera, photo of "offence" and some other from a delegate of RTA.

The Magistrate started to look at the papers and started to ask what an Authorised person was authorised to do. The prosecutor did not know and I would not tell him ( I had worked it out). Then the Magistrate asked how the various papers related to each other, one did not mention the date and time, another did not mention my registration number and  the test certificate did not mention the camera or where it was installed only the measuring device.

The Magistrate just told the prosecuter that this is just not good enough, there is no case. Then he turned to me and asked "and by the way what was your objection to the fine?"  I just said that I do not speed along that road I know it too well and that the truck in the picture must have interferred with the measurement.  I had lots of other information but as you recommend just thank them and walk away.

But it reinforces your notes to check all the information provided very carefully. I had not made the connection because I knew how the documents fitted together but the Magistrate did not and wanted to get the whole picture fortunately enough.

Best regards and thanks again

Jens


Hi the team at aussie speeding fines,

I was driving on the western ring road in a Coach that was speed limited at 100 KM per hour and was detected with a speed camera at 108km per hour 
 
Well thanks to your E-Book and after12 months of letters and electing to go to court we finely had the fine dropped and lost no points
 
I can not thank you enough for your E- Book and the updates

Regards

John


Hi,

Thanks for your continued advice.  About a month ago I received a speeding ticket for doing 72 in a 60 zone.  I followed the advice in the book and requested leniency.

Success!!  I got off with a warning.  Saved myself about $250 and three points.
 
Thanks again.

Phil.


Hi there, 

First of all I’d like to tell you how much I really love this ebook, it has saved me a high range speeding fine already by going and questioning the operator of the speed camera to find that the operator was using out of date calibration devices to measure my speed on a road that was flanked by metal guard rails over a crest on uneven ground !!!

When I questioned the operator he become very defensive and started to verbally abuse me, lucky I had it all recorded on my iphone !!

Ii have just recieved a infringement notice from a police officer whos radar said I was doing 76 in an 80 zone then he estimated my speed at 98 ???? go figure, I will definately fight this one too, he also become abusive when he seen that I knew what I was talking about and that I would not admit to speeding,

Thanks aussie speeding fines !!!!! you guys are awesome.

Regards, Heath


I had another Success on 5 May 2010 in the ACT Magistrates Court, thanks in part to you guys and sections of your book, which enhanced my courage and knowledge to again contest my Traffic infringement Notice from a Speed Laser Camera Van.  I pleaded "Not guilty - as charged".

Result?  After almost ten months of proper adjournments, NO demerits, NO fine, NO Court costs, and the admiration of certain friends and family!
However, I forgot to ask for my (minor) costs.  Next time!

This further success means that every alleged speeding ticket and every alleged parking ticket which I or my Son has brought to a Court has resulted in some form of Dismissal and only once have I had to resort to an appeal from a Magistrate to a Judge to get one!

What an adventure!  I could go on for hours about the whole process but in the end Magistrate Dingwell gave the Prosecutor such a serve that I started packing up my tabbed notebooks before he pronounced his verdict, as it was so obvious as to what his decision was going to be!

From memory (I do have the audio of the Court Case but it won't play on my Mac Computer, only on a PC) there were ultimately three points that were important. 

The Certificate regarding the lack of a proper listing of the  "approved Camera Device" was one, another was the inability of me to be able to cross examine the author of the  calibration testing Certificate of the Laser (evidently the Camera and the Laser are actually TWO separate components!).

The third was the wording of my Company Car Statutory Declaration which stated that I was the nominated driver on that DATE. 

Since I was aware that I shouldn't testify but rather only defend myself "Pro Se", I pointed out that they had no proof that I was the driver of that car "at that time", as they had claimed, since there were no photos of me driving, but only a photo of the licence plate! 

They tried to say that my Stat Dec wording convicted me without my testifying or being cross examined but the Magistrate assailed them on their twisting of words and he agreed with me!  No proof and no obligation of a person to testify or to testify against himself!

The Magistrate stated that their charge could NOT be proved beyond a reasonable doubt (innocent until proven guilty, BEYOND A REASONABLE DOUBT - just as you emphasized in the e-book)!

I think that His Honor also saw that I was prepared and the manner in which I was cross examining the Camera/Laser operator that it was gonna be a lengthy 'check-mate' with the same "Reasonable Doubt" conclusion. 

Reasonable doubt, not necessarily setting a precedent!  As you have so
constantly reminded us in your e-book.  

There's a lot of injustice in the Justice system.  And there's a lot of my friends who think I am some sort of scofflaw.

However, I tell them that those who just write off a check or flip a credit card to the government don't have the same personal deterrent to speeding effect, as does a Citizen who sits in a courtroom waiting for his case to come up!  It is sobering and enlightening to face one's accuser and to allow the voice of the government neutral decider to chastise and punish him or admonish the prosecuting government official for them not adhering to the LAW!

This Magistrate said to the Prosecutor: "I keep telling you people that those who rely on certificates for evidence, die on certificate evidence!."
 And: "The people who draft these (Certificates) have to be more careful!"

Thanks again for your help and for your prompt e-book update, when I thought that I was going to need it (I got another adjournment after re-reading the update at that time)!

Lastly, The Speed Device Laser Camera Operator's results sheet for the night when the photograph was taken was 20 out of 186 cars at that location.  That's about 1 out of every 9 cars passing during one hour. 

Did they know that the van was within 200 metres of a change of speed limit sign, which is against the "Speed trap" rules?  Assuming that everyone all just paid up at say, $250 a pop, then that would be $5000, in one spot in one hour!  Thanks to your book I kept Mr Speed Detection Laser/Camera Operator off the road for at least one night!

By the way, overseas they demand a dated/timed video (not just a tick a box hand written sheet) to prove proper daily setup calibrations! 

That's it for now,

Charles


I had a win in the Melbourne County court today on appeal on the grounds that prosecution witnesses that produce certificates are compellable witnesses who are subject to examination on the records/certificates they produce, if they don't comply with a summons then an application can be made to have the matter struck out.

Details of case - Judge Cannon, case number AP-09-2643 Jabman Michael. Authority "Evidence to the contrary" DPP V CUMMINGS (2006) VSC 327 at Para 35 Kellem J.  I hope the info is useful and helps someone out, the material comes from a prosecutor from the ODPP who obviously has been a victim too.

Michael
 

Hi there,

Thanks for saving me the $150 I save though! Just for an unpaid toll!!! And I wasn't even the driver!

Regards,
Mick.


Withdrawal of Infringement Notice.

Hello.

I would like to let you all know that after ordering your book, I used it to contest a camera ticket of 6km over the 60 km speed limit on the road I was on. I pleaded that my good driving record, and the low amount over the limit, was grounds for withdrawing the fine. I sent the letter when I wanted to take the case to court. I have been issued with a warning, but have lost no points or money to the bandits. Thanks for your book which has helped me considerably and has repaid its investment 3 times over.

Joseph


Hallo to the fantastic Team of ASF,

Thanks again for the unbelievable fast reply. (You must be working whilst I'm sleeping.) I'll let you know how the case turns out.

By the way I took your advice about the parking ticket and hubby was let of with a warning. Good result. Hope everyone has a great weekend,

Sonja


Just dropping you a quick note.

I recently won my case at the county court (turning right on red arrow). I argued that both images from the camera showed me "in" the intersection, where is the image showing me "outside" the intersection on the red arrow that proves I entered the intersection on the red.

The case was dismissed on these grounds. Keep up the good work. If it wasn't for sites like yours I would not have contested the case :)

Steve


Hi Guys,
 
Thanks for your encouraging letters regarding speed cameras and going to court.
 
I was booked for speeding in a 40km zone, when in actual fact, the policeman lazered me in the 50km zone.
 
I went to court and explained to the Judge that the road has both 40km and 50km zones in this small stretch of road, I admitted being over in the 50km zone but was adament I was doing 40km in the 40km zone and that the policeman must have made a mistake.
 
The Judge said "Due to my good driving record, I am cancelling this offence".
 
Thanks again and keep up the good work for fighting against revenue raising cameras and our greedy governments which are hooked on revenue raised for trivial speeding fines.
 
Yours sincerely,
 
 
Heather


Hi ASF Team,

I reside in Sydney but on 2nd Jan this year I was driving back to Syd with my wife from the Victorian West Coast up the Princes Fwy.  In Feb we received a speeding camera ticket for Hoppers Crossing on the Princes Fwy.

Our normal response would have been for me to bleat with some excuse and then pay it.

This time, being aware of your nomination process, we wrote the 1st letter stating that we could not recollect who was driving at the time as we changed drivers in that area but could not remember where it was in relation to the camera site. That was a harrowing morning as it was heavy Saturday morning traffic, an unfamiliar stretch of road and never ending speed camera sites. In all good consciousness, we could not sign a declaration nominating a driver as it could have been either one of us.

They sent back another letter stating that we had to use the nomination form so I sent back a similar letter to the first along with Civic's Nomination form filled out with similar reason and not signed as I could not make that sort of a statement.

Well, you wouldn't believe it, last week we received or notice of them dropping the matter. We saved ourselves $146 and one demerit point.

This would not have happened if I didn't educate myself thru you and the eBook.

Many thanks,

Love your work,

Wolfgang


You guys may recall I sent a message a while ago about being fined for not renewing my licence on time.

I followed your advise and thought I would stall it by writing to SDRO initially and asking for lenience. They didn’t really care, so I elected to take it to court.

I sent in the sheet where you plead guilty or not guilt a few days prior to the plea appearance.

Two days ago I received a letter from the local court in Raymond Terrace, NSW, where the case is or was to be heard.
It showed plea as NO PLEA, so obviously the letter I sent in was either not added at all or not received / opened and dealt with quick enough.

After that it showed case WITHDRAWN / DISMISSED.

So that saved me $422 and time off to attend court. Not sure why this was the case but glad it was and a nice outcome. Maybe they thought it was not worth the courts time to pursue as it was a first offence, as well as stating in writing that I had not received the renewal notice.

cheers guys.
 
Mat


Hi Team,
 
Result of the parking fine hearing heard today.
It is with great pleasure I announce the result:
MCC 0 : Visitors 1
 
At length this what occurred, the prosecution had no informant or credible witness.
 
Prior to the hearing Stephano Marchesan invited discussion regarding the fine and dumped a shit load on Aussie Speeding fines accusing you of being trouble makers. I told him straight that you are at least a starting point to research and prepare a defence. The matter would be defended on points of law. He told Alex "The Magistrate will be very unhappy with you". No compromise on our part, let the games begin.
 
The Magistrate asked who I was and Alex told him he is my Father. The Magistrate said I may sit behind Alex and he would give leniency to pass notes.
 
The first question asked was who was the informant, the prosecutor said he no longer worked for the council but a supervisor witnessed the notice being issued. Pure bullshit of course. The Magistrate grilled the witness for 20 minutes and could not get a straight answer, Alex could see where this was leading and was asked to question the witness. He asked "without referring to your notes what was the make and colour of the car" He looked down to his notes and the Magistrate said "not from your notes" (for some unknown reason the witness remembered this incident after 9 months and thousands of infringements issued), the witness had no answer .
 
Alex said that it was all "hearsay" and was to enter constitutional argument. The Magistrate was not pleased to hear this. He said "this court will not enter constitutional argument no matter what your father says" in his next breath he said " this matter is hearsay and I dismiss it".
 
Regards,
James

Bonus: We took the wind out of the smug prosecutor’s sails and kept an infringement officer off the streets for a day.


Hi ASF,

VICTORY !!!! I went to court on Tuesday and despite some initial concerns when I actually got in and worked out how it all worked in the court room I was fine. I had $400 worth of citi link toll fines dropped to the initial $40 fee and a parking infringement and costs dropped completely with no contest.

The day in court and the time study of the ASF E-book may have cost me more financially in the short term but the satisfaction and long term benefits are priceless.

I believe that have if the letters don’t give you the satisfaction you are looking for then take it to court because as you said, it's all FEAR and INTIMIDATION to protect the very lucrative cash cow.
If you do put up some resistance it’s amazing how flexible they can be. I will never pay another fine again!!!!
Thanks for all your help and patience!!!
Keep up the good work I am spreading the word.

Patrick - Vic.
 
I Won!

Basically, I got poached in the Sydney CBD, it was a split sign, loading zone/disabled zone (most loading zones are 7am-3.30pm/6pm). The parking officer was walking by my car as I was parking, he walked a few metres and stood on the corner looking for all the world like he was going to cross the road. He watched me park the car, get a loading zone ticket and walk past him to get where I was going and he knew I fully believed I was legally parked. I mean who would knowingly illegally park their car with a parking officer standing a few metres away?? I was back in the car in 4 minutes and it was a $405 fine! I was totally confused and cranky because he WAITED for me to leave before he issued the ticket.

I knew nothing about law and bought your book, I did the 3 step process and went to court yesterday armed to the teeth with my new found knowledge. I was confident but scared. I have never been to court before. The judge called me and said he had recieved a letter from the SDRO and that Sydney City Council decided not to pursue the matter any further.

I was amazed! I drove all the way back home and found a letter from the SDRO delivered, who knew I would be in court that morning, that said I was not required to attend. It was a petty revenge to send it so late. Anyway, I would like to thank you for the book, all your regular newsletters and all the work you put in to what you do.

THANK YOU.

Suzie - NSW 
 

To the Team at Aussie Speeding Fines,

I would like to inform you about the Parking Fine of $117:00 illegally issued to ...... I emailed The Mayor of Monash City Council, Mr.Paul Klisaris, Councillers of the City of Stonnington; supplying them with a lot of evidence from photographs taken at the scene and a week later. Informed them that I had been in Law Enforcement for over 32 years. I was quite used to Court Room Procedures and Protocol, also said that this would make a great story on A Current Affair. They backed down, and The Parking Infringement has been withdrawn. Your advise to "Go and get them" has worked.

Thanking You for your hard copy book, from which I used a lot to explain that Councils had no right to issue fines and taxes, especially after The Referendum of 1988.

Kind Regards to the Great Team,

Rex - Vic.

P.S. I have attached a copy of Council's reply letter.


Dear Mr .....,

I acknowledge receipt of your emails in connection with a parking infringement notice recently issued to your daughter-in-law, Junko.

In view of the evidence given in your emails, I write to confirm that this infringement notice has now been withdrawn and no further action is required.

Thank you for raising this matter with Council.

Yours sincerely


Kay


KAY EARNEY
Personal Assistant to the Director of City Development
City of Monash
Tel: (03) 9518 3507
Fax: (03) 9518 3444
www.monash.vic.gov.au


Hi Team,

I followed your e-book procedure to drag out a speed camera case for a year and paid the fine just before the court hearing.

The cheque was banked by Civic Compliance, then I wrote a letter to the Magistrate with proof of this.
When I rang the court after they said the case was "struck out" because the debt has been cleared.
It was my 80 year old mother's fine I was fighting on her behalf so that's why I didn't want the court case to run.

So I can testify that this particular procedure does work.

Cheers,

Vasil - Vic.  


Hi to the Team at Aussie speeding Fines

I would like to thank you all for the wonderful work you have put in to provide us all with the info to contest these unlawful infringement notices we receive from the police departments around Australia.

I recently have had a win in the court in just such a circumstance. I would like to take this time reassure all who take this path that the information in the e-book is absolutely spot on. I followed it to the letter (pun intended) and after a couple of court appearances received a letter advising that the QPS would be partitioning the court to withdraw the charge. Additionally I used the e-book to compile documents to help me during the court procedure (cheat sheets so to speak). Although I did not, in the end, have the opportunity to use them due to the QPS withdrawal, none the less the result was spectacular. I guess preparation is one of the keys to success in most things.

The whole process can be a little daunting for first timers but don’t give up. At my second court hearing due to some mix up in their system, my ‘intention to challenge’ documents had not been passed on to the prosecutor or the magistrate The prosecutor took me aside and suggested that I should consider getting some legal representation, even suggesting that ‘he who represents himself has a fool for a client’. He also suggested that the costs would be pretty high if I lost since expert witness costs could amount to at least $4000. Obviously he was trying to intimidate me. Once he saw the challenge documents he fell strangely silent but then in court asked the magistrate for an adjournment due to the delay in receiving the paperwork. One week later the withdrawal letter arrived. The following week I arrived at the court for the case to be mentioned knowing that the prosecutor was gong to withdraw the charge. When the case was called the prosecutor got up and mumbled something. I believe that he wanted to get it over with as quickly as possible and with as little fuss as possible. But I did not hear him clearly so I asked him to repeat what he had said. Again he garbled the words and the magistrate chipped in with “your discharged Mr . . . . . “. It seems that there were other defendants there waiting to have similar cases heard and they obviously felt it better not to advertise this outcome.

I have been spreading the word and will continue to do so. I believe, like you do, that no one should be paying any speeding fines any more. Once again many thanks and keep up the good work.

Rob - QLD


Hi Aussie Speeding Fines

I am a recent recipient of the hardcopy e-book. I was fairly certain that the information in the e-book was correct because it just sounded right.

Over the Australia day weekend 2010, a friend and I were riding motorcycles, leaving Heyfield in country Victoria, when we were pulled up by an unmarked car coming the other way. He said that I was detected at 118kmh and was booked for 115kmh.

I made sure that I followed the rules in the e-book precisely by stating that I was not speeding. They then said "but we've got the proof on our radar unit". I don't know if it happens to anyone else but as soon as i asked the question for him to provide any evidence of my vehicle speeding, their whole demeanour changed. They became sarcastic and confrontational, so much so that he virtually threw the infringement notice at me and said "well I suppose you're going to fill the back of that out and contest it, won't you".

You bet I did!! 2 weeks later after sending only the letter of objection I received a letter of withdrawal from the Speed Camera Office. I was almost disappointed when it did not go any further!

Thanks Aussie Speeding Fines, the best $89 I have ever spent.

Regards

Joe P - Vic.



Hi ASF,

Just won a 120km in a 80km Zone Lidar Laser fine.

the informant didn't attend and submitted a note from his Doctor saying he was sick.
So I told the prosecutor hope he gets well soon and the Magistrate dismissed the case.

Thanks,

Andrew


Hi Team, thanks for your advice.

Contest Hearing for Parking Ticket against Hume City Council:

Verdict: DISMISSED - Beyond reasonable doubt!

We scored a win but I was disappointed that all the preparation that went beforehand was largely ignored by the Magistrate. Please read on to get an idea of what went on.

I started with the usual intro by asking where the 2nd Magistrate was. The Magistrate looked puzzled and even flinched after I said I had requested a Chapter III Court by Affidavit sent to the Registrar two weeks earlier. He knew nothing about it. I produced a copy and he wasn't interested and proceeded to run the case.

He rejected our main points - 1988 Referendum; Road Rules Victoria not being law. I flashed the documents which were ignored etc.

However, my witness (Capt James) and I had been in the court room for the previous hour and a half observing the Magistrate in action. I found him to be very professional, calm and collected etc.

Every time I made a stab with ASF procedure he listened just enough to, I guess, take in the info mentally. I managed to squeeze in (ref the Chapter III court), the bit about the 'court appearing biased, and must hand down a verdict in favour of the defendant'.

But what I think really clinched it was Capt James' witness statement. He confirmed that we had driven the car out of the car park to buy takeaway and returned to 'approximately' the same parking bay. The fact that the chalk mark on the tyre was still there (according to the prosecution witness) didn't sway the Magistrate.

Also, I happened to flash a newspaper article (big headlines) "PARKING FINES PROP UP COUNCIL REVENUES" On questioning the witness I asked what his daily 'quota' was. Of course he denied having any quota! Not having ever cross-examined a witness before, the Magistrate noticed I was faltering a bit. To my amazement, he stepped in and proceeded to grill the witness on all sorts of points I would never have thought of. I got the impression that he was 'enjoying' bringing down the Council's witness!

How about this for a wrap-up though. In the last few seconds, the Magistrate announced a 'Dismissal' of the case due to reasonable doubt. He got up from his seat, grabbed his papers and quickly headed for the door behind him uttering the words, "Court Adjourned". You should of seen the reaction on the Fat Controller's, sorry, Fat Prosecutor's face!! He stood up uttering the words "But sir...".

James and I left with smiles on our faces.

Thanks again,

Alan - Vic.


Hi,

I thought I would share one of my experience with you.

I am the owner of two small dogs and have had some trouble with my local City Council in relation to barking dogs and dogs not being registered.

Recently I received infringement notices for my two dogs not being registered with the council they were micro chipped and do not leave the secure yard. I received a warning letter from my council (dated 29 Aug) stating that I had 21 days to register the non dangerous companion dogs or a on the spot fine of $165 would be issued for each dog. On 3 Sep I received two on the spot fines from the council stating that I had not registered my companion dogs. I paid both registrations within the 21 days so assumed the on the spot fines would not apply.

I called the council and was informed that the on the spot fines did not have anything to do with the warning letter I received a couple of days prior to the fines being issued. The lady on the other end of the phone said “how was the issuing office supposed to know about a computer generated mail out” and I was to pay the fine. How any issuing officer from the same department does not know about a general mail out is beyond me, do these councils have any internal communication? This did not seem fair to me so I sent a letter with the accompanying fine to the SDRO. The SDRO notified my that the fine still applied so I returned the court notice.

So with my court attendance date I thought I would arm myself. After some investigation I found out that the SDRO has no jurisdiction over any fines relating to pets.

As a last ditch attempt to have the fines waivered thus saving me from going to court and paying the fines I wrote a letter to the GM of my council, letting him know of the unfair and unjust treatment received from his council.

I received a letter back from the council stating no further action would be taken. So my membership with Aussie Speeding Fines has now paid for itself. Had I not purchased your book I would not have even believed I could get out of council revenue raising tactics.

Regards,

Tina



Hi,

It's Kris again with some good news. I received a letter today about the speeding fine on the 25th of Feb. The Prosecution withdrew the charge. I have attached a copy of the letter.

The letter reads as follows:

Dear Sir/Madam

Re: Hearing Sandgate Magistrate's Court - 25 February 2010

Reference is made to the above listed for hearing in the Sandgate Magistrate's Court on 25 February 2010 for an offence of Exceed Speed Limit (Infringement Notice ???????). The offence occurred on 14 June 2009 at Gympie Road, Carseldine.

It will be the intention of the prosecution to make application to the court to withdraw the charge on 25 February 2010.

Yours faithfully,

T.C. Bennett
Senior Sergeant 6507
Prosecutions Unit
Traffic Camera Office

I contested the fine that I was accused of doing 119 in a 70 zone. I appeared in court for 2 mentions and then was granted a hearing date on the 25 Feb 2010.

I spoke with a lot of people and obtained the complete set up procedure of the speed camera and the service log. In my evidence that I tendered to the court, was the set up procedure was not followed to the QPS guidelines and law, the use of the unit at night time and the unit had not been serviced for 3 years

Thanks,

Chris - QLD


Good'ay guys.

Well, it gives me great pleasure and satisfaction once again to be able to report to you another success in fighting a bullshit parking infringement from Moonee Valley council, making this the second successful battle I've had with these jokers, and the third parking fine I've fought and won overall. The fine was for allegedly parking longer than two hours in a Safeway car park. An extremely serious offence which can put lives at risk as I'm sure you'll agree.

It went something like this:

Sent them a Conditional Acceptance.

They respond saying the fine still stands.

Sent them a Notice Of Default.

They respond saying the fine still stands.

Sent them a Notice Of Private Settlement Agreement.

They respond saying the fine still stands, and adding that because I do not agree with their decision, I may elect to have the matter heard by a court, so they included a form for me to fill in if I wanted to pursue that option, which I gladly filled in.

And once they received my decision to have the matter heard by a court, how did they respond? Well, have a look at a copy of the letter which I've scanned and included as an attachment.

Keep up the good work guys.

Regards,

Matthew.

Here is the response from Moonee Valley Council:

Dear Sir,

Official Warning Notice

Thank you for your letter regarding infringement notice ?????? issued to vehicle registration ?????? on 27 July 2009 in Safeway Carpark, MOONEE PONDS by Officer 004 for Parked for a longer period than indicated (Road Rule 205).

I have investigated the matter and found that the evidence before me is sufficient to substantiate the offence and the issuing of an infringement.

I do, however, believe that the circumstances detailed by you warrant special consideration and it is on that basis the city of Moonee Valley has withdrawn the infringement notice and no further action will be taken.

It should be noted that the warning applies to this infringement only and further infringements will be reviewed on their merit.

Yours faithfully


Parking Appeals Officer



Hi ASF,

I have a good news story for you!

I attended Court today, having completed the 3 letter process and with a fairly good understanding of the relevant laws. I was charged for doing 4km/h over the limit.

When I was called, I stepped up to the bench and waited while he read the case. The Magistrate just sighed, turned to the Prosecutor and asked if he really wanted to proceed with such a trivial matter! The prosecutor agreed it was trivial but said the TCO gave him no authority to withdraw cases. It was hinted that if I were to plead guilty, the case would be found proven but then dismissed, so I did and it was!

The Camera operator was annoyed and was trying to tell the Magistrate the demerit points would stay on my record. This was resolved by ringing Vicroads during an adjournment. Apparently the demerit points don't stay on my record!

The camera operator went out of the court room during the adjournment and stayed in the court room after I left. At least I did a great public service by keeping him out of service for 2 hours while we waited to be heard!

Also interesting to note there was no police informant. The prosecutor explained that the camera man is both witness and informant. Civic Compliance cost cutting?! How could he possibly answer the legal questions raised in your ebook?

I must thank you for your great work. I have learned lots and now have confidence in defending myself, even if I didn't need it this time!

Andrew


Hi ASF and readers,

Twelve months ago I started to fight a parking fine issued by Sutherland Shire Council. The usual replies and denials occurred and the State Debt Recovery Office became involved. After two annulment applications later the matter went before the local court for mention. The Magistrate was not happy with my knowledge and ability to self represent she even threatened to deny my case if I did not consent to the courts legal ability to hear this case (not a court of competent jurisdiction) so I replied " your court has the ability to hear this case how ever only a verdict in favour of the defendant can be handed down other wise the court would appear to show bias in this instance and this is the reason why a court of competent jurisdiction is required so as to remove any bias" how ever she pondered and had no choice but to allow the matter go to a Hearing with two(2) hours allocated for this matter. The SDRO said they did not require two hours, the Magistrate disagreed.

Two weeks before the hearing date the Sutherland Shire Council wrote to me advising that they would not be pursuing the matter any further but warned me they will retain this information if I breach any council laws in the future. The SDRO then rang to advise me they have elected to drop the matter due to the Councils decision to cease any further action and I would not be required to attend court in this matter.

I advised both the Council and SDRO that this hearing was under my control and I was the only party that had the authority to cancel this court action and if both the Council and SDRO wished to have me agree to their request for this matter to be dropped they would have to pay compensation for my costs being:

2 x annulment application fees
Postage and stationary
1 x days wages for two defendants

The SDRO officer spoke to his manager and they have agreed and have put this agreement in writing and have advised the necessary authorities that this matter has been settled out of court through a private agreement.

SO TO ALL READERS OF ASF PLEASE REMEMBER THE SECRET TO ALL THIS IS:
KNOW YOUR INFORMATION
DON'T BACK DOWN AND SUPPORT YOUR ARGUMENT
ASK FOR YOUR LEGAL RIGHTS TO BE GRANTED
SEEK COMPENSATION AT ALL STAGES TO LET THEM KNOW THEY WERE WARNED ABOUT COSTS FROM THE START.

Regards

Martin


Merry Christmas and a Happy New Year to everyone at ASF,

I would like to share with you the recent and first win from using your information in an appropriate time period (immediately after receiving the fine).

During December, after writing a notice of objection, then using the clarification letter in response to their initial response of "we believe the fine is 'just' you need to pay it and no other correspondence will be entered into" I sent the clarification letter and then...

I triumphantly got in the post INFRINGEMENT WITHDRAWAL AND OFFICIAL WARNING letter!!!!!!!!!!!!!!!!!!!!!

Now this is the first one I have fought in due course and in a timely manner from being fined, there are others that I am working on, BUT IT'S A WIN!

Thank you so much for all your hard work,

I look forward to telling you about more success's.

Monique


Gidday Aussie Speeding Fines,

Quick story for you...I copped a red light camera fine at a notorious set of lights here in Geelong last December 08.

Anyway after I sent the forms back nominating me as a driver then nominating to go to court, (after several sessions of the forms going back and forth) they finally sent it to the Perin Court and then sent me the fines with fee's etc etc. eventually it went the sheriff (along with a parking fine),who naturally sent the demands for payment etc. At the same time I rang the Perin Court telling them that I wanted the matter to go to court, and they sent out the forms for a revocation.

A few more times back and forth I finally got the matter revoked and then I was sent a court date at the Geelong magi's court. I went in to see the clerk a few days before thehearing to tell 'em I was going to plead not guilty and was even instructed to send in a fax with the same message . Did all that and the matter was booked in for PNG next month.

Guess what, to day a nice letter arrived from S/S Ritchie telling me the matter had been dropped! No further explanation, I can only guess they reviewed the pics and decided that they were pretty dodgy, you can only see half my number plate or maybe some other reason.

Anyway, what really got up my nose was all the threatening letters they sent me IE: 'You WILL pay this money, and we'll make everything better'!! etc etc. Bugger all to do with road safety! You can see in the pics that all the traffic was still stopped until my truck was well clear of the intersection. Also the fact that I was never sent an actual summons for the court date, just a letter from them. ( I checked the legislation hoping that the statute of limitations had expired on 'em but under the RSA if the matter is revoked they've got an extra 6 months to get the information in (how's that for B/S).

Anyway please keep up the good work and maybe someday our illustrious 'keepers' will actually start to lookat road safety as road safety and not just about money! As a last comment I notice in the weekends papers all the B/S about how the Police are blitzing the roads this Christmas , targeting Drinking and speeding etc etc , just like they did last year and the one before that, however I've noticed all the fatalities so far seem to more a case of Bad driving or fatigue than anything else???

Anyway once again. Keep up the fight!!! And drive Safely!!! And don't get me started on speed camera's!!!

Anyway that's all for now.

Cheers,

Andrew - Vic.



Hi Guys,

Back in October 2007 I was pinged twice in two days and topped 12 points on my licence. I took the proffered 12 months deferred suspension and was doing well until October last year, when I was pinged again.

I received a TIN for an alleged 58kph in a 50 zone. This was, of course, reduced to 55kph with a $142.00 and one point penalty.

I followed the Three Step method and, over the next eight months I exchanged five or six letters with an ever increasingly threatening Civic Compliance, Victoria Police and the Magistrates Court of Victoria (all housed at the same address in Melbourne).

As things moved along, I was informed that my drivers licence was suspended from August 2009 and, subsequently, my Taxi Drivers accreditation was also revoked.

I finally got my day in Court, albeit in front of a single magistrate, in November 2009.

The beak wanted to know why I had sent all these letters, “which don’t work. And this rubbish about Constitutional Rights won’t get you anywhere, either”, and why I hadn’t just filled in the form on the back of the notice asking for a court appearance in the first place.

He reluctantly agreed to “allow” me a court hearing and the case was listed for Mention in January 2010 - 15 months after the alleged offence.

Referring to the South Australian case, in which the unreliability of radar devices in the vicinity of High Tension cables was successfully used as a defence, I made an FOI request seeking all speed readings from the same day I was pinged.

On the 22nd December (the Equinox for anyone into that stuff) a letter arrived from Vic Roads informing me that the TIN had been cancelled and that the offence, along with the associated demerit points, had been removed from my driver licence record. It also informed me that my extended demerit point period had ended on December 31st 2008!

I’m not sure whether it was the time limit or the FOI request that made them give up, but I have now sent copies of Vic Roads’ letter to the court asking for the case to be dismissed and to the Taxi Directorate asking for my Driver Accreditation to be reinstated without record of any offence.

Hooray for us!

David


Yesterday morning, in the Parramatta Local Court, my son, Anthony, defended himself against a parking fine, and made the above quite clear to the "Magistrate" and said the Parramatta Council were a corporation, with an A.B.N. (Australian Business Number), that did not own public roads, etc..

The "Magistrate" refused to accept his words and said, "It sounds like a lot of waffle, to me." He said he would deal with the matter after he had dealt with some other cases.

I went around to the Parramatta Library and a librarian printed off a page of a website showing that there was, indeed, just that question put to that 1988 Referendum. Copies were made and given to the "Magistrate" and the Prosecuting Attorney for the Council.

To cut the story short: the first "Magistrate" would not handle the case and passed it onto another "Magistrate" who, in turn, sent it to another "Magistrate" and the third "Magistrate" eagerly dismissed the case against Anthony when the Prosecuting Attorney announced that he would not offer any evidence.”

John Wilson



Hi there team at aussiespeedingfines:

I would like to take the opportunity to thank you all for the second time now for the success of your e book and CD, 3 step letters that I follow up & sent to the WA police and the policeman himself, including a full copy for the magistrate that was dealing with my case on the day and according to your e book and CD instructions.

In November last year I was stopped by a police sergeant and his offside for speeding doing 68km/p/h according to them on a 50km zone on a laser hand held gun trap near my place of residence. I was showed the gun telling me that I was doing 68 k/p/h on a 50 zone. This trap for starter was in a road with no housing on either side at all and they were on a very low point of this road coming from both sides [on the bottom of two hills] any how, I told them that I didn’t think I was speeding and did not agree to the reading but I was booked for doing 66 k/p/h on a 50 km/p/h zone. I followed the 3 step letters from your e book to the WA police and the policeman that gave me the infringement but the reply from the police after the first letter was that: As it appears to be your desire this matter has been listed to be dealt with before a magistrate [neither myself nor the West Australian Police will concede any of the clauses 1 to 12 of your letter].

The original court day was to be July 28 but we had a trip booked and I applied for the court day to be postponed and it was postponed for 24 of September just gone. On the day when I fronted up court and going into court to register with the Clark of courts I was approached by the prosecutor wanting to find out more about these letters and if I was to maybe plead guilty, according to his words, say to be doing 56-58 k/p/h. My response was, "No, you have not responded to any of my query in which I’m entitled to by law". In short, he wanted to know if I had taken any legal advice and were did I get these letters from. I told them that I had been on the net and generally doing some research, he then told me that they didn’t have to rely on the gun reading to prosecute me and that the police officer’s word would be enough to convict me. To be honest, this infuriated me to say the least but told him that I’m innocent, I didn’t think that I was speeding and my request for proof of that had not been forthcoming and that the magistrate would have to decide. He said, "Yes, we will let the magistrate decide."

Upon fronting up the magistrate, the prosecutor asked the magistrate to delay the case because the police srg that booked me was not there yet. Upon the arrival of the police srg and after speaking with the prosecutor I was quickly approached outside the court room by the police that booked me and informed that they will be dropping the case and he was most interested in finding out about these letters sent to them, he wanted to know where I got them from because they are having quite a few on the system. I pretty much told him the same as I had told the prosecutor but he looked unconvinced, not that I cared anyhow.

Upon fronting up, the magistrate the above was mentioned by the prosecutor and I was informed by the magistrate that the case was dropped and that I was free to go. I’m over the moon with the results and would like to thank you all very much for your effort persistent and encouragement that you bring out in your CD and e book.

Many Thanks

Sam


Hi,

I am very pleased to report that the police sent me a letter stating that my speeding camera fine had been cancelled due to system error after I sent them the first letter from your e book. Thanks heaps you have saved me $300 and a point in the last couple of months.

Roland


Hey guys,

Just so you know I disputed 4 parking fines, they have withdrawn two of them strait away, so that has already saved me double the money I spent on your ebook, they still want me to pay the other two but I haven't really read them yet to consider my next move.

I am kind of a self-help junkie, I have bought a LOT of stuff and heaps of ebooks, this is the first product to give me a solid measurable return, and in a very short timeframe. And besides the money it's very satisfying getting a victory, I feel a little less like 'the system' can do whatever it wants and I have to cop it. It's extra funny cos the letter basically claims issuing parking fines isn't even legal.

Thanks guys! This is fun.

Nathan.

PS. If my comments are useful feel free to use them


Dear Team,

Another case has been dismissed (a speeding fine for doing 110 on the Western Ring Road) After the usual 3 stages with letters sent on company stationery in the end resulting in an enforcement order against the company the order has been revoked and the Infringements Registrar states: " FURTHER NOTE that the Enforcement Agency has requested non-prosecution of this infringement offence and as such, the matter will not be referred to Court." I presume this means that the original fine has been withdrawn.

Regards,

Thomas - Vic



Dear Aussie Speeding Fines,

In DEC 2008 I was booked twice 18 hours apart by speeding camera (51km/h and 50km/h) driving my daughter FROM and then TO her school. Booking coincided with the rollout of the Government Stimulus payment.

I have unblemished driving record for 20 years and a Gold NSW licence. I did not know about the fines until MAR 2009 because RTA initially failed to check my postal address (stet for 20 years) and sent the Notices to the old one provided by car rental company.

I then immediately found you on the Internet and joined. Saga ended 2 weeks ago after 3 visits to Burwood Court.

In short, 1 'offence' was replaced by RTA with a 'caution' (in APR), the other was neutralized (no conviction, no monetary fine)in Court 2 weeks ago. RTA did not get a penny, and woman Magistrate commented: "you are the most responsible driver ever to come before my Court".

Thanks for your role in helping me decide to take my chances in Court. After all, it is our duty to challenge false accusations.

Regards

Nicholas - NSW


To the Great Team at Aussie Speeding Fines,

As requested I turned up at Broadmeadows Magistrates Court armed with a lot of information. I questioned why Christopher Burden from the Royal Melbourne Institute of Technology had tested the device used in December 2007. This establishment was not authorised to conduct and certify gasometer MRC automatic detection devices, which made it invalid and illegal. Apparently he has being doing these tests for a while. I was overruled by the Magistrate.

I asked Bradley(Camera operator) what day of the week 29th of August 2008 was. He said he did not know. I reminded him that he should know the day as he should keep notes, which he used about 6 months later to prepare the Statement that was issued in the Summons and was counter signed by Constable Botha of Epping.

I reminded him that it was a Friday. I asked what the weather was like, he said it was clear. I told him that it was clear but windy. I asked him why he chose that spot for a camera. I reminded him that it was not a black spot area. I produced a complete list of all the black spots areas in Victoria. In the whole area of Hume there are only two, one on Mahoneys Road and one in Mickleham Road. No complaints had been lodged, there has not been excessive speeding nor has there been any accidents. Why in the Summons was a letter from The Regional Traffic Inspector authorising him to place camera there missing? He responded that they get a sort of roster.

There has been a lot of information I have gained and I will be even better prepared next time. Just for your information, the Magistrate reduced the fine from $142 to $50, no demerit points and nothing to go on my good driving record.


Keep up the Great work and all the very Best to the Team.

God Bless .... Rex - Vic


Hello Team,

I wish to advise that I was successful with my red traffic light case on 30 Sep 09. My case was dismissed, no fine and no court costs. This must of cost them at least $1,000.

The prosecutor said
more people should elect to go to court. He claimed that he has helped a number of drivers with his advice but as he said some did not and cost them $2,000. The other individual and I both took his advice and both our cases were dismissed.

I can also thank Aussie Speeding Fines for the confidence it gave me as I always felt relaxed.

Sam


Hi,

I was booked by a fixed camera alleging a speed of 65 in a 60 zone at the intersection of ElgarRd and Arnold St Box Hill on January 23rd 2009 with my company car. I responded two days before the deadline with your standard company letter.

Regards,

Thomas - Vic




Hi there team at aussiespeedingfines:

I would like to take the opportunity to thank you all for the second time now for the success of your e book and CD, 3 step letters that I follow up & sent to the WA police and the policeman himself, including a full copy for the magistrate that was dealing with my case on the day and according to your e book and CD instructions.

In November last year I was stopped by a police sergeant and his offside for speeding doing 68km/p/h according to them on a 50km zone on a laser hand held gun trap near my place of residence. I was showed the gun telling me that I was doing 68 k/p/h on a 50 zone. This trap for starter was in a road with no housing on either side at all and they were on a very low point of this road coming from both sides [on the bottom of two hills] any how, I told them that I didn’t think I was speeding and did not agree to the reading but I was booked for doing 66 k/p/h on a 50 km/p/h zone. I followed the 3 step letters from your e book to the WA police and the policeman that gave me the infringement but the reply from the police after the first letter was that: As it appears to be your desire this matter has been listed to be dealt with before a magistrate [neither myself nor the West Australian Police will concede any of the clauses 1 to 12 of your letter].

The original court day was to be July 28 but we had a trip booked and I applied for the court day to be postponed and it was postponed for 24 of September just gone. On the day when I fronted up court and going into court to register with the Clark of courts I was approached by the prosecutor wanting to find out more about these letters and if I was to maybe plead guilty, according to his words, say to be doing 56-58 k/p/h. My response was, "No, you have not responded to any of my query in which I’m entitled to by law". In short, he wanted to know if I had taken any legal advice and were did I get these letters from. I told them that I had been on the net and generally doing some research, he then told me that they didn’t have to rely on the gun reading to prosecute me and that the police officer’s word would be enough to convict me.

To be honest, this infuriated me to say the least but told him that I’m innocent, I didn’t think that I was speeding and my request for proof of that had not been forthcoming and that the magistrate would have to decide. He said, "Yes, we will let the magistrate decide."

Upon fronting up the magistrate, the prosecutor asked the magistrate to delay the case because the police srg that booked me was not there yet. Upon the arrival of the police srg and after speaking with the prosecutor I was quickly approached outside the court room by the police that booked me and informed that they will be dropping the case and he was most interested in finding out about these letters sent to them, he wanted to know where I got them from because they are having quite a few on the system. I pretty much told him the same as I had told the prosecutor but he looked unconvinced, not that I cared anyhow.

Upon fronting up, the magistrate the above was mentioned by the prosecutor and I was informed by the magistrate that the case was dropped and that I was free to go. I’m over the moon with the results and would like to thank you all very much for your effort persistent and encouragement that you bring out in your CD and e book.

Many Thanks

Sam (W.A.)


Dear ASF,

Just a quick note to let you know my speeding fine at the Doncaster-Gardiner Road intersection has been withdrawn just days after finally nominating myself as the driver of the company car and electing to go to court to contest the fine. I had avoided submitting this information as there was some question as to who was driving the vehicle at the time, and sent in a series of letters questioning the calibration and certification of this installation.

The TCO refused to enter into any correspondence until a driver was nominated, < 1 week after doing so a withdrawal notice arrived. This is the same intersection which John King successfully fought and won a judgement against the TCO claiming his Toyota Space Shuttle's speed exceeded the speed limit.

Once again many thanks to ASF for the information used to allow us to achieve the sort of success many others could also achieve if only they were as well informed as ASF subscribers. I was however looking forward to the court appearance and putting into practice some of the newly found skills, but all things considered, I guess this outcome is the best for all.

Yours sincerely,

Paul - Vic 



Dear Aussie speeding fines folks,

I wanted to share the Wikipedia definition of the MD5 algorithm just for your reference http://en.wikipedia.org/wiki/Md5 how secure is a code that is so easily cracked? It's a joke!

On another topic, I had previously written to you to say I'd received a reply from the W.Apolice in response to letter #1 (from your Ebook) I sent to them. They sent me an acknowledgment letter (which I shared with you a fortnight ago) saying the matter has been put on hold. I asked you then what I should do, and you replied promptly (as always) with the suggestion they were baffled by this correspondence and certainly agreed with me that they simply didn't know haw to handle it! You suggested I send the 2nd default letter when 28 days have elapsed, but read on!

Well, today I received a phone call from the very (probationary) police officer who booked me (incorrectly) for speeding (121Km/h in a 110Km/h zone). She conceded defeat by telling me the infringement was not going to be pursued as they had no way of showing the device was traceable under the National Measurement Act (Cth) and actually ADMITTED that the device's power supply (a CIGARETTE LIGHTER!) wasn't shielded and was "of concern to all police officers" . She went on to admit further that SO MANY readings were "questionable most likely due to input power fluctuations" and that fellow traffic enforcement officers (by a large majority) have DEMANDED a shielded power supply AND remedial training as to the proper use of these devices. So, a WIN for me and for Aussie Speeding Fines! Thank you!!!!

Seeing as I am waiting for a court hearing (October 14th for mention) to fight a multanova (a tripod mounted road-side speed camera used in W.A.), I decided to educate myself further in regard to the MD5 algorithm, as it will be only ONE of many avenues I shall use to add reasonable doubt in my defense. I'd written to request a brief of evidence and got it MINUS the photograph. When I wrote to the police again to ask for the photo, they rang me and said they were "having problems proving the photographs were 100% dependable and not subject to corruption", so they "weren't going to send them along with the brief of evidence anymore". I so wanted to get into a conversation with this officer (a sergeant who's name I took), but I bit my tongue andonly replied with "with all due respect, anything you wish to discuss, be it a question or otherwise, must be done in writing". Well, his response was amazing! He said he was "going to have a long hard look at my case because the queue for traffic court hearings was nearing 12 months or more and positive prosecution outcomes are becoming increasingly difficult". Again, I said I wasn't prepared to comment over the phone, so he went on to say that he "was recently issued a speed camera infringement and is absolutely adamant he is innocent" and asked me if the Aussie Speeding Fines Ebook was any good because he intends to purchase one! I then KNEW that he was fishing, but I didn't let him hook me. All I said was I didn't know what he was talking about, so he went and gave me your website address! I NEVER let on that I was using your Ebook and said "thank you sir, I will go have a look when I get a chance".

William (W.A.)


Dear Aussie Speeding Fines....

I did it. I beat the bastards at there own game. I followed the E book, delayed my case for 11 months adjourned it twice, defended myself all the way through and today had the ruling of "no case to answer".

The judge said that "the notorious scientific devices" readings are not admissible in a court of law and their reading void. The officers estimation of my speed be it 50kmh, 50.0002kmh or 150kmh could not be legally verified. I was awarded $200 in compensation.

As far as I am concerned, until I read the E book I would have probably just given in. The only reason I decided to fight was because you guys told me I could, showed me not only how to do it but for minimum expense and a little effort. Please let all our members know about this ruling if you possibly can and I will send in the letter I receive as and when I get one from the WA police ;-)

Lee (W.A.)



Hi guys,

Just a quick note to let you know, and I hope you will let everyone else know ------- "ANOTHER WINNER"! Yes, we won the fight against another illegal parking ticket, using the 3 step process and the court election documents.

YIPPEEE. Please feel free to use the attached document from Stonnington Council to tell people don't give up - they have tried everything to get me to pay, but the court letter did the trick.

Keep going guys - we will beat the bastards yet !

Col

Reply from Stonnington City Council:

Thank you for your Court application regarding the above ticket issued by the City of Stonnington.

The Prosecution's officer has re-examined your case and at their discretion, has decided not to proceed with any Court action against this matter.

The matter is now finalised and no further action is required on your behalf.

Appeals Review Officer

(On behalf of City of Stonnington)


Dear Aussie Speeding fines,

I just wanted to say a HUGE thank you for your amazing e-book “Speeding Fines – What You REALLY Need to Know!” I was one of the fortunate few that received a pre-release copy and was blown away by just how much information it contained. I was about to lose my licence so missed the opportunity to use some of your initial strategies but instead chose to defend my case in court. I must admit, I was a bit nervous but soon found my feet with all that information at my fingertips. I am pleased to say that I now have all the confidence and all the strategies in place to know that I NEVER have to fear a speeding ticket again. Thank you SO much, the freedom you have given me is INCREDIBLE.

Thanks again,

Jason P.



Hi,

I am a female driver and I very rarely get speeding tickets but I recently found myself with 2 in the course of a week. I could not believe that they were trying to charge me $215 for going 11k’s over the limit as I honestly don’t believe that I was. I ordered one of your pre-release e-books and was shocked to read about how many problems and errors there are with these speed cameras. I made use of the letters in your “members only” section and wrote back to the agency concerned and was pleasantly surprised that both of these matters were dropped without me having to go to court.

Thanks for showing me truth about these devices. I will not be so quick to just pay a fine in the future.

Paige M.


Hi Guys,

Thanks so much for my pre-release copy of your e-book. I found your information to be incredibly detailed yet so simple to follow. I used your information about proving who the driver was via the photo in a speed camera case and the Police Prosecutor was almost in tears when the magistrate said that the case was dismissed. I have since used some of your sample letters to great effect and now know that I don’t even have to go to court to get out of a speeding fine.

Keep up the great work and I will definitely be sending everyone I know to your site.

Brenton H.


Hey Guys,

Thanks so much for the awesome e-book. I purchased a pre-release copy and you hit the nail right on the head with your comment about insurance. I drive a WRX and it’s hard enough to insure at the best of times without bullshit speeding fines for 5 and 10 k’s over. I have used a number of your letters from the members section and would like to assure anyone reading this that they really do WORK!

You guys are the best, thanks again.

George P.


Dear Aussie Speeding Fine Guys,

I purchased your e-book recently and have used the Company Letter from the members section with great success. I have written off to 3 fines now, using that letter and have not heard anything back since.

Mal

 

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