2013 - 2014 Testimonials

Dear ASF,

I am taking this opportunity to provide ASF with some feedback, regarding the information that has been supplied to me through your establishment, and Mike Palmer with the Know Your Rights group.

In November 2014, I had a Magistrates court hearing for a red light camera alleged offence in Parramatta NSW. It was an absolute circus to say the least. I walked into court armed to the teeth, I followed many of the arguments provided to us members like;

1. Imperial Acts section 8 sub-section 12

2. Commonwealth Constitution  s115, s117, s118

3. Currency Act s9, s11, s16, s21

4. Acts Interpretation Act 1901  s15A

4. Port of Portland v State of Victoria

5. Liberato v R

The only thing extra I added was Adler v George [1964] 2 QB 7 = The golden rule in interpretation of law is that the literal approach should be taken, unless it creates an absurdity. Alleging that I was the responsible person of a red light camera offence, when I was not the driver is an absurdity. If the driver killed a man or women how would the police charge me for the offence? It is very evident that the responsible person can only be the driver at the time of the offence and no other, regardless what statute says.

There were 8 police officers hearing the case and they were stunned at all the legal arguments that were posed. The RMS (Road Management Services) Prosecutor was assisted by the police prosecutor to run the case and research all my submissions. If that was not enough 2 guys from the camera unit came in to lend a hand. When the magistrate came to her determination she stated; “although she believed my evidence that I had given, it was unfortunate that she did believe I was the responsible person as the keys were left with me"

I was furious, I had been obliviously ripped off and I was ready to wipe the smirk off the prosecutors face. I went straight to the clerk’s office and appealed to the Parramatta district court, the cost was $108. On Monday 16 March I had my hearing in the district court.

The judge read the transcript for about 20 minutes then he looked at me and said:

“Do you work for foreign affairs?”

I replied: “No not yet”

Judge: "Seems you got into a heated tangle with the magistrate, that is very un-diplomatic of you"

I replied: "really? That's not how it was at all. I am very passionate about my rights, and I do not appreciate being framed for an offence I have not committed that's all.”

Judge: “I don't need to hear anything else from you thanks.”

At this stage I was so furious thinking they are going to do it to me again (rip me off), I was not afforded a chance to speak. I was already thinking about my appeal to the Supreme court when the judge said:

Judge: "you look so amazed"

Me: "well, I have not had an opportunity to speak"

Judge: "that is because you are a winner today"

Judge asked prosecutor if he had anything to add and then gave his determination case was quashed.

It is very simple to understand why the judge quashed the case. He read through the 22 page transcript with all the arguments that ASF and Know Your Rights Group have taught us. I have just added one extra case but the rest is all the teachings from these great two groups. I felt I had to pass this feedback on as I go on Facebook from time to time, and some people have written that the info is all crap, it does not work, etc etc.

Well, the info does work, if you are prepared to put in the work and appeal once the Magistrates court goes against you.

The Magistrates court is like going to the circus, they will more than likely rule against you. The fact that the district court judge dismissed the case in under 5 minutes after reading the transcript tells me two things;

1. The Magistrate should have done exactly the same (dismiss the case) but because there were over 10 cops in court there was no chance I would get the victory, and

2. The district court judge read the arguments and knew exactly how correct they were. He knew these constitutional arguments, Imperial laws, currency laws, are all valid, alive and well. This would be the only explanation why the case was dismissed without saying a word on my behalf.

Members, all this information does work and it is very effective, regardless of what others might say. Never give up, and appeal your case until you get what you are seeking. I had my conviction quashed and was given $675 in costs, although I was seeking $1,200. Lastly, as I walked out I made sure that I waited for Mr Prosecutor to walk out of the courtroom and just had a grin from ear to ear (and that is exactly what this was all about)

Thank you kindly to ASF & KYRG for all the assistance and guidance over the years (welcome to share this post)

Warm Regards,

John - NSW



Hi Folks,

Been reading through the articles and the links attached. The major problem is that everyone is too lazy and have the notion of :”It’s too hard, I am scared to go to court and a list of other pathetic excuses. I don't know what it is with people that they are so apathetic. About two months ago,  my wife got pinged for being 10Km over the stupid 50Kmh speed limit near home. I told her to use the information in the book and on the CD. Her reply left me speechless, in that she said she didn't have the time and neither could she get time off work to fight this speeding ticket.

I decided to take the matter into my own hands and dealt with it, using the letters and backed up some of the letters that I have printed out, and filed them away for future reference in regards to the accuracy of the camera.

I duly wrote the letter and as my header it stated  “WITHOUT PREJUDICE”. May I make a small suggestion that when people write to the relevant departments they use the above header. I think we get a better hearing that we are not being rude, or accusing anyone outright. Has always worked for me throughout my life.

I sent every bit of information to the traffic department that deals with fines etc.

A few weeks later I received a letter stating that the fine had been withdrawn.

Score : Traffic Office – 0  Me – 1

We live in Perth and in my area where we live we know exactly where the camera are and of course take note of the speedometer.I also use a GPS to record my true speed and know of several cases where the data was downloaded from the GPS and used as evidence in a case a few years ago. Both cases were dismissed as the GPS speed reading was picked up by no less than 8 satellites and was proven beyond all reasonable doubt that the speed camera was wrong.

Finally I had my speedometer recalculated to over read by 6 KMH many years ago, and have gone through many a speed camera and never been pinged. I await the day I do get pinged and then it’s on for one and all.

Regards

Peter- WA


Gentlemen!!

Stay calm. I am a member and have just had my second letter back from SAPOL cancelling my original fine notice ( 2 separate matters some two years apart) for radar infringements.

So, don’t panic yet. I guess many like me join, use the successful actions recommend in your book, and don’t have much to say except recommend you to others , which I do.

Tony – S.A.


Hi there Aussie Speeding fines,

Yea, the old slogan, "she will be right mate" is sadly still very much imprinted in the Aussie character, also the term, "don't rock the boat".
I have held off because I have been awaiting the outcome of my speeding fine contest in court.  I went through the three step process which the SDRO of NSW blatantly refused to abide by, so I had to take the court election option.

I was in court for the best part of 1.5 hours. The first hearing was adjourned because there was no RMS prosecutor present and no brief of evidence.

The second hearing was on 16 March 2015. I had prepared my file along the lines as outlined in the Speeding Fines Handbook, but the judge did not allow me to enter evidence from another case.

Nevertheless, I created sufficient doubt by making up three photos, 1 the original taken by the camera. 2, I replaced my car with another vehicle and 3, I placed a completely different traffic scenario on it, while all the while keeping the original algorythm imprint. I did this with my computer and a simple photo editing software to show the judge how easy it is to manipulate the images.

Next I produced a fact sheet from the SDRO, where it states, photos downloaded are the original and unaltered images that will be produced in court..Further down it read on "how to obtain a photo", photos downloaded are not suitable for evidence in court. (Neath trick if you fall for it)! When I asked the prosecutor whether he could under oath state that the images have not been tampered with, he just stood there dumbfounded.

He then asked me if I was an expert on speed cameras? I replied, I do not need to be a rocket scientist to work these speed cameras out. It is all a matter of time and distance which can be worked out by anyone using normal mathematics learned in school.

I also pointed out to the judge section 10 of the NMA and that the devices used by the RNS were not approved under the act and the regulations. And that section 10 was mandatory and therefore section 109 of the Constitution over rules state legislation.

To cut a long story short and there is more to it. I created enough doubt to secure a section 10 -1a dismissal (no conviction recorded, no fine to pay).

The prosecutor was not very happy.

Regards,

Johann - NSW


Hi there,

I really enjoy reading your regular letters and I thought to brighten your day with a couple of good news.

First I had a win against the City of Kingston for a Parking Fine at Southland shopping centre. I sent all the letters mentioned in your book, but they were totally ignored saying that there is no legal basis for them and no one has ever won the argument about  the validity of local councils. So I elected to go to court.

At the contest hearing, I again argue the validity of local councils, saying that the signs are very misleading with zones of 2 hours and zones of 4 hours and I thought some signs were added since the fine.

I asked to show me a full brief of the alleged offence. Kerry Piner showed me a photo of my car and on a separate photo, a white mark on a tyre. I told her to prove that the mark on the tyre was actually on my car. She could not and was surprised about my question.

I asked her to withdraw the fine and she refused. I told her that I will challenge the fine and left the room and the court, without going to the clerk to have a date for the hearing.

Two weeks later, I received the attached letter saying that the fine has been withdrawn because the issuing officer could not attend the court on the day. Strange, because it is not difficult to set another date.

Anyway, I won.

Secondly, I got a speeding fine in a 60 zone, allegedly travelling at 68 Km/h. I wrote to the traffic camera office explaining why I was not speeding and giving many reasons.

This was not accepted, so I elected to go to court.

I did not used your letters because I thought that I had enough evidences to the contrary. (See my partial attached submission. )During the meeting with the police prosecutor, he told me that he never saw these arguments and it should be an interesting hearing.

At the hearing, the magistrate listened to my arguments, the police prosecutor was very interested and did not really argue with them. I crossed examined the camera operator and he also had no idea of what I was talking about, especially the rule 61% and 82% of the location of radar beam left hand setup.

The main evidences came from the Victoria Police Training  Manuals where all sorts of  possible interferences are listed and should be avoided. ( See my submission ) Here there were High power lines above the speed camera car, a Metal fence opposite the car and the camera probably badly setup.

It lasted more than 2 hours.

While we were waiting for the magistrate decision, I had a good and pleasant talk with the police prosecutor. She was not confident of winning. At the end, the magistrate came back, was not too sure what to say, elaborated on the case and my evidences to the contrary and decided that the case was proven but dismissed.

I am still not sure what it really means, but I did not have to pay the fine and if I lost one point, I don't care since I had 12 of them.

I would encourage anybody to challenge every speeding fines, especially if they think that they were not speeding.

Check for the possible interferences, challenge the operator and the photo.

Good luck.

Gerard – Vic.

P.S. If it can be useful to anyone and legally possible and without liability  to me and nobody can identity me, so you can publish this letter , my submission and all the attachments.


Hi guys,

Firstly great job, I've been following you for quite some time now, I have used some of your advice in court and laughed as the police prosecutor turned to jelly and dismissed the case. 

Secondly how do I go about getting some of those awesome bumper stickers.

Thank you again ... keep up the good work, and I will keep spreading the praises of your good work. 

Steven – QLD.


Hi Team,

I appreciate your persistence, 'against the odds'!

I felt I betrayed you people and your effort, BUT, back on Aug 7/2014:

My case was dismissed, basis "section  72".

A prior arrangement with the Prosecutor.

All because I followed your 3-step process.

If I had not, it would not have reached the Court at Dromana! ('Home ground'; but I had never been there previously.), leading to the dismissal.

I won't bore you with the details. And, I didn't have a perfect record; I have had a number of speeding fines "less than 10Kph over the limit". They had not listed them.

I was in court for less than 3 minutes.

Many thanks.

Keith – Vic.


Dear Aussie Speeding Fines

I’ve been fighting a fine since February {also with your help] and I received a letter today saying that the matter has been withdrawn.

All I want to say to guys is thank you, thank you so much.

I finally won my first one.

Sandy


Hi Guys

Just a word of thanks for the energy and effort you guys consistently put into this fight for a "fair go"

Its always encouraging to get your updates on what is happening on the frontline of your initiatives ....  and yes whatever happened to the land of "a fair go" ???

I constantly hear from friends and family returning from overseas commenting on how much Australia has changed in this arena and how "Nanny State" Australia is becoming  - compared to countries they have visited.

This constant corrosion of our civil liberties in the name of "safety" is indeed a farce and worthy of deep concern. Germany only became Nazi Germany because good people did nothing.

So thank you again for being a positive "voice in the wilderness" of the political spin and expectation that would sell us out to lemming mentality.

Just want to applaud the great work you are doing and wish you every success for the journey ahead.

May more Aussies wake up to what is happening and help put the brakes on this madness and rally round the initiatives and possibilities for positive change.

Warm Regards

Colin


Dear Sir /Madam

I am Mark, I live in Tasmania  and have a family , I am on disability support payments as they class me as about 75% total disabled.

I have read through you website and give you a big congratulations and take my hat off to you  for all the work your team does to help people with information and in helping them put what’s wrong right.

You are amazing group of people that take your own time out to help and I thank you for everyone.

Now would you be able to give me some sort of idea  on what sort of donation that that I can send to your group and how I could get it there as I have No way over the computer. I haven't got much but every dollar helps your group stay alive for the good that you all do.

All the Best and again THANK YOU

Mark - Tas


Dear Aussie Speeding Fines,

FYI, please see the attached response from SDRO – I beat them!

I have another fine on the go for parking in a loading zone with my business van, form Sydney Council and, of course, I will fight this one also.

Thanks,

Richard – NSW


Hi Aussie Speeding Fines,
 
Just a quick note of congratulations. I, for one, appreciate your hard work, commitment and sense of justice.
 
I recognise the work that you do is time consuming and, I bet at times, frustrating.
 
I certainly appreciate your updates. I wish you every success in your endeavours as you enlighten we motorists to the rabid dishonesty peddled by government to justify the ratchetting down of speed limits on a whim and the cynical deployment of revenue raising speed cameras.
 
All power to you I say.
 
Cheers,

Wayne.


Hi there,

I really enjoy reading your regular letters and I was sad to read your frustration in the second last one so I thought to brighten your day with a couple of good news.

First I had a win against the City of Kingston for a Parking Fine at Southland shopping centre. I sent all the letters mentioned in your book, but they were totally ignored saying that there is no legal basis for them and no one has ever won the argument about  the validity of local councils. So I elected to go to court.

At the contest hearing, I again argued the validity of local councils, saying that the signs are very misleading with zones of 2 hours and zones of 4 hours and I thought some signs were added since the fine. I asked to show me a full brief of the alleged offence.

Kerry Piner showed me a photo of my car and on a separate photo, a white mark on a tyre.

I told her to prove that the mark on the tyre was actually on my car. She could not and was surprised about my question. I asked her to withdraw the fine and she refused. I told her that I will challenge the fine and left the room and the court, without going to the clerk to have a date for the hearing.

Two weeks later, I received the attached letter saying that the fine has been withdrawn because the issuing officer could not attend the court on the day. Strange, because it is not difficult to set another date.

Anyway, I won.

Secondly, I got a speeding fine in a 60 zone, allegedly travelling at 68 Km/h.

I wrote to the traffic camera office explaining why I was not speeding and giving many reasons. This was not accepted, so I elected to go to court. I did not use your letters because I thought that I had enough evidences to the contrary. ( See my partial attached submission. )

During the meeting with the police prosecutor, he told me that he never saw these arguments and it should be an interesting hearing. At the hearing, the magistrate listened to my arguments, the police prosecutor was very interested and did not really argue with them.

I crossed examined the camera operator and he also had no idea of what I was talking about, especially the rule 61% and 82% of the location of radar beam left hand setup. The main evidences came from the Victoria Police Training Manuals where all sorts of  possible interferences are listed and should be avoided. ( See my submission )

Here there were High power lines above the speed camera car, a Metal fence opposite the car and the camera probably badly setup. It lasted more than 2 hours. While we were waiting for the magistrate decision, I had a good and pleasant talk with the police prosecutor. She was not confident of winning .

At the end, the magistrate came back, was not too sure what to say, elaborated on the case and my evidences to the contrary and decided that the case was proven but dismissed.

I am still not sure what it really means, but I did not have to pay the fine and if I lost one point, I don't care since I had 12 of them.

I would encourage anybody to challenge every speeding fines, especially if they think that they were not speeding.

Check for the possible interferences, challenge the operator and the photo.

Good luck.

Gerard – Vic.


Dear Aussie Speeding Fines,

In the past few months I have contested two fines using the three letter technique; 1) a speeding fine and 2) a parking ticket.

With the speeding fine I sent out the first letter. The police responded with the standard, "We will investigate". They then came back with the usual "the fine stands" letter and gave me a period of time in which to pay which fell within my 28 days from the date of the first letter.

Regardless, when the 28 days had expired I sent out the second letter and then shortly thereafter followed it with the third.

With the parking ticket the local council responded and very strongly suggested that I should not waste theirs and my time and money by pursuing this line of defence/attack and that I should get "competent professional" legal advice.

I still sent the second and third letters.

In both cases the police and the local council ignored the request for the matter to be heard by a court of competent jurisdiction and handed the fines over to SPER who kindly sent me their demand for payment plus the overdue fees. About this time Queensland Transport also got involved in the act and deducted points from my licence.

In both cases I responded by producing a letter of my own in which quoted the Imperial Acts Application Act in which it says, "That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void." (emphasis added)

I then asked how it was that the police and the local council could bypass the Australian Constitution and create legally binding laws (the inference here is that the road rules code nor the council by-laws have received Royal Assent and therefore are not laws) and the Imperial Acts Application Act and levy fines and forfeitures before conviction.

In both cases SPER responded in writing by stating that they had handed the matter back to the police or council.

In the case of the speeding fine SPER also said that the police had stated that they would be taking the matter to court. However it is now 5 months after that claim and nothing has happened.

In the matter of the council, the council actually wrote back in response to my "fines & forfeiture" letter and agreed with me (without directly quoting anything in my letter) and withdrew the matter.

I haven't heard back from Qld Transport in respect of the deducted points but then I haven't chased them either. I'll have to do that, just to make sure that there are no loose ends.

So, I'm two for two.

Thanks Aussie Speeding Fines!

Jay – QLD.


Gday guys, thank you again for all of your info through the e-book and the regular updates.

You may recall I mentioned I received a parking fine from Lake Macquarie council near Newcastle for parking in a non-designated area which I was not even in the same suburb that day.

I elected to go to court which I received the court hearing date and a week before I stalled them and said I could not attend that day or for a couple of months due to work commitments.

I also mentioned that I work for myself and had not had any income for the past 3 months so had to take some work out of town.

The following Monday (hearing was on a Thursday) I received the letter from the local court saying I had my adjournment two months later which I was keen to go to court and challenge as I had a signed Stat Dec to say I was working in another suburb some 40 minutes away during the time the fine was issued.

The following day, I received the attached letter from the council ranger saying the matter was withdrawn. So a nice win with only a few letters written and some perseverance and sticking to your guns.

Feel free to share with everyone.

Regards,

Mat – NSW


Thanks for your reply guys,

My brother and I have won 11 out of 13 letters and court appearances over last 5 yrs or so. Stupid nonsense like 5 ks over etc.

I spread the word wherever I go.

I am on to know your rights and CLRG also. I read everything you send me, keep it up!

Cheers,

Peter


Hi ASF,

Since first reading your book the biggest reward has been a sense of self empowerment. This is more priceless than ANYTHING to do with money.  Thanks to you opening my eyes I continue to educate myself in this field.  I've been more willing to receive fines as I refuse to play their game anymore.  I keep my eyes on the road because its safer than watching the speedo. I'm willing to drive right through a cop flag-down because I know they have no right to stop me.  I park where I need to and never ever pay the meter.  I never pay for tolls. So my empowered choices mean from time to time I receive 'Claim's and I happily refute them.  

Those bits of paper with threatening words on them stopped scaring me. I know who I am and I know what they are.  It's clear to me that every single bit of resistance is a chip in the wall. Every single letter I send helps the next person, and helps influence the public servants mindset, and weakens their morale. It's so important to defy them at every turn. Are you a slave? Then stop acting like one! 

I've definitely made mistakes in my approach in dealing with the goons and those mistakes have been very valuable and educational. With the letters, it seems to be a case of 'who can best intimidate the other, wins'. The three step letters work often, and the court election is often the deal sealer - sometimes one just hears nothing back.   My trick is to keep piling on the pressure - bury them in correspondence if necessary. It's often not necessary but I do like to write my own follow ups.  

As the ASF book says - they don't want to work too hard. Make it hard for them. Let them feel the heat.  They do it to us!! To be honest I don't use registered mail anymore - an unnecessary cost especially as I don't need to prove anything in court most of the time.  It definitely helps if you need to demonstrate how professional and serious you are however.   I have learnt that SPER are near impossible to deal with if the fine gets too old, and been happy to do volunteer work to pay off some fines which I see as really good karma for me and the community - turns the tables on the pirates. Just make it out its impossible for you to give them any money - interestingly the community service form has no threats for giving 'misleading' information. See how little authority they have?


I am at the final stage of cancelling a large SPER debt using a promissory note which is very exciting. Brisbane and Sunshine Coast councils are so, so happy to send threatening letters - even when they accept your court election they say how much its going to cost you and offer you the option to pay!! Surely that must be illegal - pursuing the fine after accepting the court election! Does someone know how to prosecute them on that?   They even use a lawyer in Caulfield (Melbourne) to send you stuff which is a third party - gotta be illegal?   They are happy to be bullies but display great cowardice in retracting the fine when I write back spelling out the reasons they commit fraud every day. 

God, I hate cowards, bullies and liars. What sort of person do you need to be, to do that kind of job?! When they retract the fine I have considered calling them on it but realise, wow there’s nothing I can do for people with such weakness of character.  They deserve my pity. I'm glad I have values and try live each day being of service and support to my community instead of being a thief without a spine.

My recent deal sealer said ' By registered platinum mail, in 7 days can you please send me the name, address and phone number of everyone whom has handled your claim against me including call centre staff.  I need it for the class action against Councils taking place.  It will save me a lot of time, thanks.  I also thought you'd appreciated being saved the expense & humiliation of being subpenaed.  You feel so entitled to my own information I know you'll be comfortable and forthcoming returning the favour. Actually can you include their TFN's also please. Does your insurance cover your employees for this kind of thing?"

The force of a mailed letter is always superior - it's recommended - but with councils one can correspond via the form on the website and it's done the job for me when overseas and saved me a lot of time.

Red light cameras always seem to go off when I have a japanese or chinese hitchiker from overseas driving - just the ways it seems to work out. It's instantly retracted - I am glad the fine will be forwarded for them to be responsible for.   I just hope the address is easy enough for the officials to work out. 

Jen - QLD


Hey Guys,

Just wanted to pass on my thanks. I had a case dismissed at Mention hearing today. My alleged offence was Sept 2012, Laser Gun reading (in the rain, downhill). My election notice was "lost" and CC threw my further correspondence "in the bin". My case was challenging a Warrant Revocation rejection, so all this time I thought I was fighting Civic Compliance. The Prosecutor made it clear today that CC (and extra monetary fines) were out of the picture and it was now just between myself and the issuing Officer and his Speed Detection Device.

The Prosecutor thought it was ludicrous that I would want to challenge a laser gun at a technical level and that I would have to prove that I was not speeding (I didn't bother saying, "I don't know what law you operate under, by I operate under the Commonwealth law of innocent until proven guilty"), but I did suggest that the equipment needed evidence of it's capability. She showed me the papers and said here is the evidence (I kind of went 'Meh').

After all that, she said that I have a clean record, a good history of 28 years, and could also go for an Inquisition where the Magistrate may grant me a Sec 76. So later in the court room, the Mag granted me the 76, based on that the reading (12k's over) was closer to the 10 and not the 25, so she would dismiss if I pleaded Guilty. I double-checked that no monetary fines would be attached, and case was dismissed.

Vic Roads had already docked me 3 points (threatening my loss of licence), and gave me a one point leeway for 12 months. That time lapsed and I'm now back to zero points. I don't know whether they will add the three points again, but at least they are not getting my money.

My confidence has been solely in the information you have provided via your ebook and email correspondence, so thank you. I'm glad I didn't have to take it to the High Court, and I'm a bit shitty that I had to plead 'guilty' when I wasn't, but I guess that is to just brush their ego at the end of the day.

At least in the future, I will know how to tackle this from the word go.   


Best Regards,


Darren – Vic.


To Whom it may concern

I purchased your E-Book and it most certainly paid dividends and was a great investment. The business cards that came with the E-Book package, were handed out with gusto and well received.

Good news Gentleman. Sometime ago, I received an infringement notice through the post in relation to a red light camera breach, and beat it with one of your well formatted letters.

MUCH APPRECIATED.

Please send me more business cards and bumper stickers.

Kind Regards,

Joe – NSW


G'day ASF team,

First up, some good news, about a year ago I decided to take on the brisbane council over a parking fine and 10 or so letters later I won without even going to court.

Needless to say they tried every dirty trick in their book of underhanded tactics to get me to just blindly pay up "or else", I stood my ground until they didn't have a leg to stand on. All thanks to the invaluable info contained in your Ebook.

So Thank you ,Thank you, Thank you!! I'm your biggest fan...

Thanks again and please keep up the great work.

Best Regards,

Peter - QLD


Hi,

I would like to inform you, how both hearings went.

As I informed you, Kingston council did not accept our second excuse not to attend a hearing in the court in Moorabbin and my mum was charged in absence +additional cost. We were really frustrated that nothing works. We went to Werrebee court and asked for a new hearing. A clerk was quite nice and he called there and arranged a document. However, we did not notice , it was only an  application for a new hearing. But we drove on a given date that morning to Moorabbin court, to face an unevitable.

The receptionist told us it is only the application for a new hearing and that we have to talk to a prosecutor if she agrees, to Mrs. Piner Kerri. She was around and she said, she has basically nothing against it. Unless my mum would plead guilty and pay the fine, it would be finished. I said no, I am prepared to defend her case. And as I was looking for some papers in my bag, she saw your book and some papers full of highlighted marks.

Then she said that a hearing is in the room no. 3 and she kindly accompanied us there and opened the door for my mum. She stayed only a few minutes and left. After a while she came back with a pile of paper for a clerk. We hoped we are there too. There we were sitting and waiting for another 3 hours.

It seemed me strange and also all cases were concerned drunk driving only. I asked a clerk when would be our turn. She answer she HAS NOT our documents and that our case will be heard in the room no. 4 (On papers for hearing, Mrs. Piner wrote no. 3 by her own hand with pencil).

We went to room no. 4 and there was sitting Mrs. Piner, looking little bit surprise to see us. Judge was not present. He came back but we were not called.  We were the last in the room and Mrs.Piner came to us and she try to get us out of the room. She said: “come out, I will explain you everything, he goes for lunch now” But judge said that he would still finish this case.

She started to speak very quickly a language we did not understand fully, Judge said ok.  So I asked her what it means, and then she explained to me that everything is finished, that mum will not pay anything. We were little bit in shock but again she try to pull us out of the room. I ask her, why she sent us to the room no. 3. She said that the reception made a mistake. Of course I went to ask the receptionist. She said that right from the morning we were signed for the room no. 4. Strange.

Next day in the post box was a letter from the Bayside council.  Here we go again! and we did not open it for next 2 days. When my mum open it, we could not believe it, the  case was dismissed, no more  procedures,  no more pay. Wow!!!

Your book is fantastic, also concerning other problems such as power of councils, local governments and other.

We appreciate any further information from you. I have on the car your stickers and I am giving out your business cards. People are interested.

Thanks again, have a nice day,

Gabriela and Viktoria – Vic.


A big thanks to Aussie Speeding fines. I won my first case.

It's just an $80 parking fine, however it was a good case to begin with.

After sending in all the appropriate paperwork as per my ebook I eventually elected to attend court. 

At court the Kingston council prosecutor tried to scare me with extra costs if I lost the case etc. She also stated that the constitutional argument about Local Govt powers had been lost in court and a precedent had been set.

I elected to plead not guilty based on the fact that I did not commit the offence. Basically I stuck to my guns. 

Several weeks later I was sent the attached notice saying the case had been withdrawn.

Notably their reason is suspect, however I don't mind at all.

Cheers and thanks again

Craig - Vic

Dear Mr X,

Re: Contest Hearing 4 June 2014 – Parking Infringement xxxxxxx

I advise that Council is unable to proceed with this matter because the issuing officer (informant) has reigned and as such, he is not in a position to attend court to give evidence.

As a consequence of the above, I can confirm that that matter will now be withdrawn and struck out.

You are not required to attend court. This matter is now closed.

Yours sincerely,

Kerri Piner

Parking and Prosecutions Co-ordinator


Hi Support

Thanks again for your help and guidance.

Incidentally Glen Eira Council wrote me a 2nd letter to say that they have now withdrawn my Infringement Notice for Parking in a Bus Spot

Could you send me some Business Cards and Bumper Stickers to distribute

Thanks again,

Neil – Vic.


Hi, I would like to add my testimonial to your other successes please.

My son received a traffic camera speeding fine in the mail. His car was registered in my name, so I received the ticket. We decided to use the ASF process to see how it went. Always willing in the end to pay the fine if we had to.

I did the 3 step process of sending the letters, and received a myriad of replies. I even received letters from VicRoads insisting they have nothing to do with it, and to leave them alone. Eventually I demanded a court appearance, as they continued the paper trail, ignoring my 3 step letters.

Upon receipt of the Court Summons I received all the information on the Camera as was requested, signed stat decs from the Service Organisation, from the Operator and someone else I can’t remember. The wad of paperwork was over 1 inch thick at this stage.

I did the process of getting the Mention adjourned a couple of times and kept insisting they move it to a court closer to our home as the offence had occurred over 100kms away. The Police Prosecutor then rang me one day. She wanted to know how I was pleading. She told me it’s no point going to the Mention, and that she would put before the court that I was going for a Hearing. I agreed.

We had a couple of conversations where I explained the unconstitutionality of all these speeding/parking fines, and the entire penalty system. She insisted I could not use that as a defence, and the Magistrate would not allow it to go to Hearing based on that defence. Morals are not allowed in a court room.

But I got my Hearing. It was booked and I attended. Very nervous, having not been in a court room for over 40 years. The Police Prosecutor picked up my brief when I was called. I didn’t go into the whole strawman business, and admitted falsely that I was the Name they were looking for. Yes, I committed perjury, but they didn’t seem to mind.

The prosecutor then waved me over. He flicked through the paperwork, now 2 inches thick, and said “Boy, you’ve had lots of correspondence in this matter.” “How about we go for a dismissal, at the Magistrates discretion?”

So I agreed. The case went ahead, the Magistrate questioned me, and again I told him about the growing movement in Australia fed up with receiving extortion threats in the mail from our State Govt. He had no idea what I was talking about. In the end, he just smiled, and said … “Oh, you forgot to tick some boxes on your fine form …” “How about we dismiss it”.

So I walked out without a conviction.

The deciding factor in my case was definitely the sheer volume of paperwork. The prosecutor, not willing to waste his morning (having never read it himself, as he was from a different area), over such a petty infringement.

Keep up the good work, spread the news,

Shane - Vic


Hi Guys,

I won - I won - I won!

The God Coast City Council lost and I don’t have to pay $1755 in parking fines.

Thank you Sooooooo very much – have a beer and enjoy it!

Sandra QLD


Hi Team,

Had another win with this parking ticket I received last year. I sent a Stat Dec and told them it wasn't me and was not sure who it was as it could of been three people. They didn't care and, as I was the register owner of the car I must pay.

They did not respond to any of my requests, only to say it was a public safety issue why the sign was there. Well, that opened a can of worms up for me, as like all companies oh&s is driving into all of us so, as I said, they say its a public safety issue and that the officer does not have to stop and give me a ticket (he took a photo and sent the infringement in the mail three weeks later) - I used this against them.

I said to them in my third letter that if I had placed someone or myself in danger by parking there, there could be criminal intent here by the officer, as he has a duty of care to make the area safe and not only take a photo. Under work safe you cannot do that you must act.

I then asked them how did he take the photo, was he driving his car while he was taking the photo, was he parked in the middle of the road while he took the photo, what training has he had in using this new equipment for his job, is there a S.O.P. (safe operating procedure in using his camera) etc etc

I think this got too messy for them and I finally received the withdrawal notice with of cause a official warning.

I encourage everyone to do the same thing, query everything and request paperwork procedures etc 

Go Team

Greg


Greetings

I had my day in court last week.

The speeding fine up north. I pleaded guilty with extenuating circumstances as you suggested. The prosecutor has his say including that my partner needed to get to a toilet before she “shit in her pants”.

The magistrate asked if I had any priors... he said “one about 10 years ago and one in 1956.” I laughed and said: “I should have committed a murder then you couldn’t have brought up my priors!” Everyone laughed!

Any way the magistrate let me off the fine but gave me 3 points.

On the parking offence on a loading zone with no time limit. I argued with the council “prosecutor” then the magistrate sent us outside to sort it out. Council got their time wrong and after a while he said he would withdraw the offence.

Basically had a good day!!

Regards!

Geoffrey


Hi ASF team,

Using your eBook and information from there I just WON 2 fines in one week, one on Melbourne Magistrate and another on Werribee court.

First one was speeding (SPEEDING 3km OVER). After sending all three letters being answered automatically, send court request. Hearing were really short with laugh. All material for my defense was copied and handed to Magistrate. My first question to Magistrate was, can you your honor ask prosecutor, "Did your camera operators need measuring tape with them when they go to spot ". Prosecutor were laughing and say they, operators don`t need that.

Magistrate ask me to explain that, and when I said they should carry measuring tape because by operators manual, when his car is parked next to the curb, they have to measure distance of curb to wheels (4cm for both front and rear wheel) and they must have proof car was parked properly....

Anyway that was just ONE of SIX mistake in that case. Free to go, reward for me was Magistrate comment to prosecutor, If amateur found SIX mistakes, what could professional find...........WON  

Second case red camera light. Shortly, my defense was proved shortness of amber light for 2 seconds. Busy intersection with camera like that is GOLD MINE...........WON AGAIN...

Thank you so much, lets keep winning

You should be proud of yourself

Pete – Vic.


Hi,

On Friday, at the Bacchus Marsh Magistrate Court, we had success with a red light camera. The info from the ebook worked great.

Before the case was heard, the prosecutor tried to get us to plea guilty saying that it could be a lesser fine but we refused and went on to win the case.

That is four out of four now.

Thanks,

 

John – Vic.


Hi Team,

Thank you for your assistance.

I finally had a win in the local court today. It has been a long and daunting saga ... but WE WON!

The saga:

1.      I was given a speeding ticket in a school zone on 17 April 2013. I pleaded my innocence to the officer but he wasn’t interested.

2.      I sent in the 3 letters and the request for court as per instructions. No reply.

3.      Address: I live outside of town with no postal delivery so use a PO Box for mail. Thus 2 addresses – residential and postal. The police and the courts insist on using residential addresses and not postal addresses – guess what – I didn’t receive any of their notices.

4.      On returning from a 2 month overseas holiday I found that my license had a bunch of demerit points and they were about to cancel it for non payment. WHAT!

5.      I had to attend the courthouse and request a hearing to set the previous hearing aside. Then attend court to set aside the previous decision made in my absence. Attend court on 2 more occasions to set a trial date and now finally the actual trial 13 months later. 

I quoted from the operators manual several times while questioning the officers and this surprised them and set him back. Now when I asked about the “cosine effect” caused by the angle of the device to my direction of travel, both officers became confused and unsure of what the manual says and gave inconsistent answers. (Note: I teach maths and who remembers their Trigonometry from school? – not many!) Gotcha! 

Note: All you need is inconsistent answers to win. (Cosine effect will give a false LOW reading. Don’t go there.) Introduce the Cosine Error and leave it at that – an error and confusion from the officers. Stress the ERROR point in your conclusion.

6.      The magistrate went to great lengths to explain his decision even though it was ½ hour past his lunch time. Case was not proven by the prosecution because of the confusion over the Cosine Error.

7.      Costs were awarded to me including my ASF subscription. Thank you! But not my lost income from 4 court attendances – I needed to have documentation to prove this.

A good win and it took up so much of their time!

Ken – W.A.


Hi ASF,

If I never had your e-book from the start I would been paying the infringement back in June 2013.

The Prosecutor talked to me prior to the Magistrate coming into court and said that he was only entering the evidence of the camera and that he would abide by the Magistrates decision no matter what the outcome. He told me that I had 3 choices and that I had time to think about it before my case came up. I thought about it and when it was my time I pleaded "guilty".

The Magistrate asked why I was speeding I told her that I did not believe that I was as I was doing the same speed going the other way earlier and had not been fined and that my bosses told me to take my time and when you get told to take your time you do it. She then looked at the Prosecutor and he left it to her to decide and would be happy with her decision. She looked at my record and then asked how long I had been driving and I told her and then she dismissed the case and told me that I was FREE to go.

I told a friend who is a retired JP and he said that I was extremely lucky to be told that I was "free to go" as normally you have to pay something.

Bye,

Kelvin E.


Hi,

Many thanks for your advice, worked like a charm.  After requesting to have my infringement heard in court I just had a letter in the post today stating no further action to be taken.  Keep up the good work, I can't believe how corrupt the traffic system is in Australia, I thought the UK was bad, but it is nothing like you have over there.

Thanks

Alan – U.K.


Hi guys,

Just updating you on a win. Woo Hoo and thank you.

I sent them the first of your letters and I have attached a copy of their reply.

Regards

Brendan - N.S.W.

And this was their reply letter to him:

Dear Sir/madam,

Thank you for your recent correspondence regarding the above Breach Notice. We have thoroughly reviewed your letter and investigated the information supplied regarding your appeal.

Please be advised that TMS has, in this instance, decided to waive the Breach Notice in full, however, should this situation arise again we will not be in a position to waive any further Breach Notice that you receive.

For future reference, please ensure to get a ticket from the machine and display it clearly on your dashboard at all times.

We apologize for any inconvenience this may have caused and look forward to your continue patronage.

Yours faithfully,

Traffic Monitoring Services

Enforcement Administration.


Hi Guys,

Well, Sunshine Coast Council and Brisbane City Council are very happy to send threatening letters about parking tickets.  But after a court election letter,  with my own additions explaining:  there is currently a class action against council rates, and thanks to them I'll get to add their name to the list & about how the councils are merely corporations not recognised by the Constitution and thus are committing fraud by issuing fines & how I'll be requesting costs, and seeking to prosecute individuals (not the corporation) for mail harrassment, mail fraud, and seeking damages including for all the time I've wasted.

It has happened so many times: they are so quick to do an about face - with a letter full of lies about how the issuing officer is on leave, how I am still guilty,  how this is not a precedent,  and how they are satisfied an offence occurred (how do they know if they were not there?)

I have been intending to write back pointing out all the fraudulent statements and asking them if I can hold them legally accountable for their words. Also making it clear to them  - yes this is a precedent, because you've dropped the fines, and countless precedents already exist, and guess what I will never ever pay for meter parking,  and I will never ever pay one of their fines - and what are they going to do about it? 

I also enjoy showing parking inspectors  the Private Property No Trespass sign on my window, and that even police understand what that means, and if they ever put chalk on my tyres, I'll sue them for trespass, and they should make a note of my rego and let all their mates know. And if it ever happens - I'll hold them responsible and good luck explaining to their wives why they can't afford such and such  this year because they are being sued for issuing illegal fines and hows that for karma.

Hey, if you ever see a pig car parked somewhere - whack a couple of ASF cards under the wiper blades! It's a real buzz! 

I returned to my car in Brisbane to find Mr J Atterton of the City Traffic Corporation

waiting for to fine me for parking 'illegally'.  He must have been on his way to a fancy dress party, given the funny costume.  There were a bunch of bystanders watching (the ASF dashboard notice was clearly visible to everyone) so I threw them all some ASF cards from my wallet before getting into my car. 

Mr Atterton kept asking me to wind my window down so he could hear me - I asked if that was a request or an order?  And did he think about taking off his fat helmet so he could hear?   Every time he asked if I understood him, I said No.   Sent the fines back to him in the mail (I make a point of always doing this as gesture of defiance) with the Letter of Objection. I added at the beginning ' I never have, and I never will, "under-stand" or "stand-under" you.  And, as you are merely an employee of the corporation known as the Bris City Traffic Branch, you and your notices have no authority whatsoever."    

I never write to them using their phoney ego titles - I strip those away and just write Mr so and so.  Well - got a letter back - both fines I received (the other one was for allegedly removing the ID chip from my licence) were dropped straight away!! 

Rachel -Woman with rights - Brisbane QLD


Hey ASF,

They have fought spitting and fighting against my claim for costs since December but finally today I got $220 awarded.

They had withdrawn a case that went on for years one week before final hearing. They claimed I wasn’t entitled to costs and relied on a ruling I can’t pronounce! I wasn’t sufficiently prepared with the evidence from when I was awarded $1000 to show the precedent (I’m sure some of that was for my time) so they nearly had me…but they conceded they might pay $135 for 4 pre-trial hearings/mentions/appearances – and then the magistrate tried to persuade me to take it.

I said I would like to read my statement first and at the end he added on my direct costs re travel and parking and photocopying (at the “Schedule 1 Criminal case, not represented by a legally qualified person rate” which you can get from the Magistrates court website) and upped it to $220.

My suggestion is to folk – know the Schedule 1 costs, get any precedents you can find where anyone has been paid compensation for their time (and for being a witness compensation for that precedent has already been set and I think many have got costs for being a witness at their own case) and most importantly make sure you note all kms travelled, photocopies made, car parking etc and charge at the Schedule 1 rate (quite high!). Plus be a witness at your own event cos you can get compensation for witness costs!

One more down – 2 to go!

Bridget – S.A.


Dear Sir.

I elected to take my case to court. It took nine months for it to come up.

I changed my plea to guilty at the last minute and the magistrate agreed to waive the $350 fine; on the understanding that I accept a 6 month good behaviour bond.

I thought that was a good result! Your publications and DVD’s gave me

a lot of inspiration!

Thank you.

Wayne – Vic.


Hi Folks,

This is a quick memo to advise the traffic infringement matter in court today was dismissed by the magistrate and I was discharged with no further requirement to run a case!

I will give a solid and detailed run down of the matter for you later today after a elebratory ale at my old pub in Hervey Bay.

Regards,

Dave

And he followed up with this more detailed e-mail later in the week:

Hi folks,

Home from Hervey Bay and back at work, taking time to formulate an application for costs under the provisions of the Justices Act so have been busy with that.

I have started putting together what I would like to make available for all readers and users of ASF as well as having the files and summaries on my Google+ account for people to refer to for general indications of what to expect in Queensland for challenges to tickets as well as general pointers for people to stay the course and use the ASF eBook to the fullest extent. Therefore I will not be stating anything contrary to the eBook and will encourage people to access it for the ridiculously low price it is going for.

So please bear with me as I put together a complete run down, summary and upload all documents used, emails back and forward and other stuff useful for referring to when dealing with this rort of traffic fines, I hope to have it done within 2 weeks as I intend doing it properly. It will be for you to use as you please, to reference or add links to in your updates or on the ASF pages for members or casual readers, I want to spread not only my message far and wide but the ASF message and to do that will feature you and your advice and motivation when I was wavering, over and over.

I cannot thank you enough, I came close to binning the whole matter but each time you all got back to me with good advice and even better real and genuine encouragement, I now need to repay that faith.

Stay tuned ASF I am full bore on this and you will like what I send when I am done!

Regards and Respect.

Dave - NSW


Hi Guys,

First of all, Thank You – We WON!

You may recall my case I wrote to you on a couple of occasions asking for “help” regarding a “Lidar” speeding infringement notice, which was being heard in the Local Court at Katoomba, NSW.

Representing myself, following your suggestions and “E-Book Info”, I managed to have my matter adjourned a number of times for various reasons, ie: Late availability of infringement issuing officer’s statement, Consultation, seeking legal advice, Late availability of my case’s transcript and most recently a Medical Certificate, all at the last moment over a period of nearly twelve months, which I’m sure cost the NSW Police a lot of extra money pursuing this matter.

Anyway to cut a long story short, as mentioned above my last request for an adjournment was by way of a “Medical Certificate” which would you believe was rejected and my case proceeded in my absence (bit of a low act I thought).

The outcome was that the Court dismissed my matter, by way of a “section 10 (1)(a)” ruling, meaning that the charge was proven, however the case was dismissed without conviction or penalties.

We won!!!

Again many thanks for your guidance and support, I will certainly be encouraging your Priceless “E-Book” membership.

Once again, Thank you for your invaluable information.

Best regards,

John – NSW.


Hi Guys,

Well, Sunshine Coast Council and Brisbane City Council are very happy to send threatening letters about parking tickets.  But after a court election letter,  with my own additions explaining:  there is currently a class action against council rates, and thanks to them I'll get to add their name to the list & about how the councils are merely corporations not recognised by the Constitution and thus are committing fraud by issuing fines & how I'll be requesting costs, and seeking to prosecute individuals (not the corporation) for mail harrassment, mail fraud, and seeking damages including for all the time I've wasted.

It has happened so many times: they are so quick to do an about face - with a letter full of lies about how the issuing officer is on leave, how I am still guilty,  how this is not a precedent,  and how they are satisfied an offence occurred (how do they know if they were not there?)

I have been intending to write back pointing out all the fraudulent statements and asking them if I can hold them legally accountable for their words. Also making it clear to them  - yes this is a precedent, because you've dropped the fines, and countless precedents already exist, and guess what I will never ever pay for meter parking,  and I will never ever pay one of their fines - and what are they going to do about it? 

I also enjoy showing parking inspectors  the Private Property No Trespass sign on my window, and that even police understand what that means, and if they ever put chalk on my tyres, I'll sue them for trespass, and they should make a note of my rego and let all their mates know. And if it ever happens - I'll hold them responsible and good luck explaining to their wives why they can't afford such and such  this year because they are being sued for issuing illegal fines and hows that for karma.

Hey, if you ever see a pig car parked somewhere - whack a couple of ASF cards under the wiper blades! It's a real buzz! 

I returned to my car in Brisbane to find Mr J Atterton of the City Traffic Corporation

waiting for to fine me for parking 'illegally'.  He must have been on his way to a fancy dress party, given the funny costume.  There were a bunch of bystanders watching (the ASF dashboard notice was clearly visible to everyone) so I threw them all some ASF cards from my wallet before getting into my car. 

Mr Atterton kept asking me to wind my window down so he could hear me - I asked if that was a request or an order?  And did he think about taking off his fat helmet so he could hear?   Every time he asked if I understood him, I said No.   Sent the fines back to him in the mail (I make a point of always doing this as gesture of defiance) with the Letter of Objection. I added at the beginning ' I never have, and I never will, "under-stand" or "stand-under" you.  And, as you are merely an employee of the corporation known as the Bris City Traffic Branch, you and your notices have no authority whatsoever."    

I never write to them using their phoney ego titles - I strip those away and just write Mr so and so.  Well - got a letter back - both fines I received (the other one was for allegedly removing the ID chip from my licence) were dropped straight away!! 

Rachel -Woman with rights - Brisbane QLD


Hey ASF,

They have fought spitting and fighting against my claim for costs since December but finally today I got $220 awarded.

They had withdrawn a case that went on for years one week before final hearing. They claimed I wasn’t entitled to costs and relied on a ruling I can’t pronounce! I wasn’t sufficiently prepared with the evidence from when I was awarded $1000 to show the precedent (I’m sure some of that was for my time) so they nearly had me…but they conceded they might pay $135 for 4 pre-trial hearings/mentions/appearances – and then the magistrate tried to persuade me to take it.

I said I would like to read my statement first and at the end he added on my direct costs re travel and parking and photocopying (at the “Schedule 1 Criminal case, not represented by a legally qualified person rate” which you can get from the Magistrates court website) and upped it to $220.

My suggestion is to folk – know the Schedule 1 costs, get any precedents you can find where anyone has been paid compensation for their time (and for being a witness compensation for that precedent has already been set and I think many have got costs for being a witness at their own case) and most importantly make sure you note all kms travelled, photocopies made, car parking etc and charge at the Schedule 1 rate (quite high!). Plus be a witness at your own event cos you can get compensation for witness costs!

One more down – 2 to go!

Bridget – S.A.


Dear Sir.

I elected to take my case to court. It took nine months for it to come up.

I changed my plea to guilty at the last minute and the magistrate agreed to waive the $350 fine; on the understanding that I accept a 6 month good behaviour bond.

I thought that was a good result! Your publications and DVD’s gave me

a lot of inspiration!

Thank you.

Wayne – Vic.


Hi,

Just letting you know that I have just been informed that a speeding fine I had which included 3 demerit points has been removed from my licence records.  And the twelve month conditional bond has also been deleted.

No explanation why , and my only notification has been from VicRoads. I applied for revocation from the Infringement court, saw a magistrate and said I want my day in court. Was threatened that I would have to pay court costs but told him that where they used it, coming around a bend , going down hill into a built up area with metal signs everywhere wasn't appropriate. Got a court date 4th of April but now I have nothing.

Thanks for the info.

Barry – Vic.


Hi,

Just letting you know that I sent the 3 letters off and insisted to go to court.

 Got a letter yesterday from the Police telling me that 'no further police action will be taken against you'. The heading of the letter is REVIEW OF TRAFFIC CAMERA OFFENCE.

You beauty!!. I can send you a copy of the letter if you want.

Thank you Aussie Speeding Fines!!

James - Vic.


Hi ASF,

Just thought I would let you know of the outcome of a speeding ticket I received in 2012, a camera in back of vehicle in Townsville. I was visiting my son there and borrowed his vehicle, I do not speed in my own car let along someone elses. I protested and asked for it to be transferred to  Brisbane where I live and they refused only if I pleaded guilty  (what a joke).

Even though I had sent stat decs to the courthouse, they put it through as if I was guilty and I received a sper fine for double the amount the original fine. I applied to have the case reopened and after an interview by phone with the magistrate (he said he wanted me in Townsville to face the court) I received letters from the Senior Constable handling the case telling me I was driving a black holden station wagon with a number plate similar to the plate my son has with one letter swapped around. I sent through faxes stating this error, the vehicle I was driving was a small red mazda.

I purchased my plane ticket for Townsville a month before and the day  before I was due to fly out the Police prosecutor gave me a call and told me they were dropping the case because of errors and he did not know why the error was not found sooner. I told him I was flying out the next day for Townsville and it had cost me money to purchase a plane ticket to defend myself.  He said he would  request from the Magistrate that I get reimbursed for the ticket. The day of the hearing which I did not have to go to the police prosecutor called me and said the magistrate had granted me costs for the plane ticket.

A good out come because of the mistakes they make in the paperwork.

Roslyn - QLD


Hi folks,

I just wanted to let you know that your ASF e-book has just come in extremely handy in an area NOT for speeding or other vehicular fines.

I was attacked by dogs last Easter and am taking legal action under the Criminal Injuries Compensation Act. I just received a letter from a private investigator firm requesting information. Their letter uses my surname in ALL CAPS - plus it isn't even signed!! So I referred to my trusty ASF e-book and now have the private investigators completely off my back (and very likely scratching their heads)  because I know more about the law than they do by having such handy information provided by ASF!!!

A huge thank you!

Cheers,

Bill


A big thanks To the team at ASF.

I have successfully beaten 5 infringement notices thanks to the info provided by the ASF TEAM without any costs incurred by me except for the initial purchase of the ASF e-book and membership fee Less than $100 total to beat in excess of 4 k of fines and added penalties.

I won't go into all the details as it would take to long but here is a brief outline.

2 tickets were for driving unregistered vehicle both of which were incorrect anyway as I was overseas at the time of the alleged offence with proof of my car being in storage. I never needed that proof though as I followed the advice in the ASF ebook. I got a short letter back via email saying due to a clerical error no further action is required.

The other 3 notices were for allegedly speeding and I got the same response as in the last 2 from the SA POLICE after sending them the notice of objection as per the ebook.

So I highly recommend that everyone challenge all infringement notices / fines and tell as many people to do the same by joining ASF and getting the e-book.

Thanks again ASF and I would be happy to help in any way I can to promote your cause and info that helps us to stand up for our rights. If any of your members wish to contact me for more details my email is (e-mail removed to protect privacy but will be supplied upon request)

Trevor – S.A.


Hi guys,

I wanted to take the time to write you personally to thank you for all the time and effort you’ve put into enabling ordinary people such as myself to stand up and fight the corrupt system that we forced to live in.  The extent of your research is apparent both from the contents of your ebook and the ongoing email updates you send.  I also wish to thank you for your advice and support, and for promptly responding to my emails as I worked through the lengthy process of fighting an incorrectly issued red light fine I received over 2 years ago.  Yes it really took that long for justice to prevail!

Below are the highlights which I’ve attempted to outline as succinctly as possible for you to use as a testimonial if you wish.

I was pulled over on December 2011 after driving through an amber light just before it turned red.  I immediately explained to the officer that the light was amber, however it seemed he had made up his mind that he would be issuing me with a fine irrespective of anything I had to say.  It may or may not be relevant to note that in my ten years of driving experience, never before had I been pulled over or received a fine up to this point.

I immediately went home determined to fight this injustice on principle.  I stumbled across the Aussie Speeding Fines website, purchased the ebook and followed the 3 step process outlined in it.  I sent all the letters off, however, each one was ignored and I eventually found myself in the Magistrates Court (it was so long ago I can’t recall whether that was my doing or theirs). 

Anyway, I raised all the arguments I had discussed in my letters about how the court was not complying with my request to have the matter heard by a Chapter III court. I then challenged the validity of the ‘road rules’ being accepted as law, before cross-examining the officer who had pulled me over.  Finally, I gave sworn evidence of my version of events.  In particular, I focused on the fact that the officer had actually lied in his statement about his position at the time of the alleged offence. 

He said he had been behind me, when he had actually been waiting at an adjacent entrance to the intersection.  I believe he lied in order to add weight to his evidence, since from his actual position he would have had to have conceded that he did not have the best view of the lights or my car in relation to the lines on the road. 

Long story short, I ultimately ended up losing the case despite the fact the Magistrate (or Judicial Registrar as it turned out) conceded that he had heard "diametrically opposed evidence from both the officer and myself", and he had been "unable to split them" (reasonable doubt???).  Nevertheless, he elected to find in favour of the prosecution.  I couldn’t believe it!

I shook my head, went straight downstairs and attempted to organise an appeal.  I was told that I was unable to do this as the procedure I needed to follow involved applying for a rehearing since a Judicial Registrar had heard my case, not a Magistrate.

I filled out the paperwork and was surprised to receive a letter in the mail several weeks later advising me that my application for rehearing had been rejected.  I called to obtain further details and was advised that the way it works is that the Magistrate simply receives the application and makes a decision.  They are not required to provide a reason for making their decision.  What a waste of time!

I immediately returned to the Magistrate’s Court to lodge the paperwork for the appeal (apparently it was not possible to do this by scanning and emailing documents, nor was it possible to post or fax them in – I physically had to go into the court to complete those forms!), however the 28 days I had to lodge this paperwork had elapsed while I had been waiting for the outcome of the rehearing.  This meant the first step when I attended the County Court several months later was to provide justification for not lodging the paperwork in time when the prosecution raised it as reason for throwing the matter out! 

I explained that I had tried to appeal on the very day of the Magistrate’s Court hearing, but I had been told that I had to apply for a rehearing first.  The judge accepted that it constituted "exceptional circumstances" and authorised the case to go ahead.  The prosecution then advised they could not actually proceed, as the informant (the police officer who had pulled me over) was not available due to an injury he had suffered which had left him sitting at home on work cover indefinitely. 

It was May 2013 and the prosecution wasn’t prepared to commit to a date for the remainder of the year.  I objected and the judge agreed that he wasn’t prepared to push the hearing out into next year as it would have been over 2 years since the incident by then.  He went ahead and set a date for December.

I returned in December only to be informed that the informant had returned to work the previous week but had suffered another workplace injury and was on work cover again.  I got a laugh from several barristers in the room who were waiting to have their respective cases heard when I sarcastically commented that it seemed it had been a very unfortunate year for the informant.  Even the judge was trying not to laugh. 

I explained to the judge that the informant appeared to be playing games as this was the second time he had failed to turn up.  I also raised the issue of costs as this point, explaining that each time I am required to attend court I am also required to take the day off work which results in lost earnings. 

She commented that fighting a matter on principle is an expensive hobby and that although she wasn’t telling me what I should do, I should consider whether it was worth it.  She then went ahead and did something she said she wasn’t sure she was meant to do – she scheduled the contest for the following week to appear before her and placed a note on the file that there could be no further adjournments by the prosecution, and that if the informant was not available on this new date she would find the matter in my favour.

The next week I turned up again and immediately looked around for the officer.  Initially I couldn’t see him, however he walked in right before my case was called.  I realised that it was me against the officer who had pulled me over, a barrister wearing a wig and gown, and a solicitor who was assisting her.  Far from intimidated, I was completely prepared and ready to go.

I don’t think they were prepared for me and I think they expected the whole thing to be a walk in the park since I was representing myself.  I also don’t think they had expected me to take the tact that I did.

I knew that the prosecution’s case rested on the sworn evidence the officer would give.  Therefore, I knew if I could catch him out lying, his credibility would be ruined and I would win (if the system was truly fair).  I doubted that he had really had such a bad run of luck to have honestly spent so much time out of work sitting at home on work cover, so when the time came for me to cross-examine him, I started by inquiring into this rather than discussing the actual matter as they had expected me to.  I threw a total curve ball – even the judge didn’t initially know where I was going with my line of questioning.

I asked the officer to kindly inform the court of the days he had been absent from work this year.  He said he couldn’t recall exactly.  I asked him to provide an approximation.  He said he remembered having a few weeks off at the beginning of the year.  I asked if this was the only time he could recall having had off work this year and he said, “Yes”.  I asked him how many injuries he had sustained this year which required time off work and he said, "One". 

I knew I had him – remember he had told the court he would not be available on two separate occasions for two different injuries.  I kept pushing until the judge asked me why it was relevant.  I replied, “The informant appears to have a tendency to lie since he somehow can’t remember sustaining an injury so serious that he had apparently required six months off work.  An injury so serious that he wasn’t even able to attend court at the times this matter had previously been scheduled to be heard”. 

The judge listened, agreed, and then took to questioning the informant about his time off herself.  The best he could come up with was to mention something about a recurring back injury which occasionally forces him to take a couple of days or weeks off from time to time.  I had exposed him and now simply needed to exploit his lack of credibility before the court.  I seized the opportunity to question him about his position in relation to the intersection and accused him of lying in his statement when he said he had been behind me at the time of the alleged offence.

I won’t bore you with all the details since this has become quite lengthy already, but suffice to say that I raised several technical points about a range of issues that I knew I would be able to catch him out on, and when the time came for me to say, ‘I have no further questions’ I knew I had won.

The barrister went on to cross-examine the informant and me, asking a few pointless questions that went nowhere.  Perhaps she was new to the game and this was one of her first cases because she didn’t even seem to be following what was going on.  At one point she even solidified a point I was attempting to make even though I didn’t have any evidence, by mistakenly providing that evidence I lacked!

It came time for the judge to make a decision and she had no trouble finding that the prosecution had not proven their case against me beyond reasonable doubt.  I had won!

The prosecution team looked surprised but I was not finished.  I asked the judge to award costs and explained that as I was a contractor who was paid a daily rate, I was only paid for the days I actually worked.  Furthermore, there was no provision for me to work part days – I either worked a full-day or not at all.  Each time I had been required to attend court it had resulted in lost earnings due to my having to take the day off work. 

The barrister attempted to object stating that I had not proven that I hadn’t committed the offence – I had only won due to the prosecution not proving their case beyond reasonable doubt.  The judge retorted, “But that’s not the test is it?”  The barrister made a few more feeble attempts to prevent me claiming costs, before the judge cut her off and bluntly stated that she would be awarding me $600.  The prosecution were gobsmacked and left with their tails between their legs.

In actual fact I had asked for $1200 worth of legitimate costs – all for loss of earnings – so really they got off lightly.  I decided not to push for the full amount but did wonder how the judge had arrived at the figure of exactly half of what I had asked for. 

Nevertheless, the day could only be described as a complete success – not only did I not have to pay the fine and not have the demerit points added to my license, but I had a lot of fun in there and felt great about standing up for myself and my fellow motorists against what can only be described as a corrupt system.

I truly believe the Magistrate’s Court play’s into the corruption.  It seems that their job is to simply make people feel like they had a fair trial so they don’t feel so bad about paying up when they lose.  How else do you explain the fact that nearly all cases that come down to a private citizen's word against that of a police officer are found in favour of the police officer?  How else do you explain the fact that it is so much harder to lodge the exact same form in the Magistrate’s Court compared with lodging it in the County Court?

I encourage everyone to appeal any decisions that go against them in the Magistrate’s Court, and to go ahead and get a fair trial in the County Court.  In my experience, not only is the process more unbiased in the County Court, but I believe it is actually easier to win your case there as the prosecutors and even the judges are not as experienced in dealing with these kinds of matters - it is just not all that common for them to end up there.  Remember, traffic fines are the domain – the bread and butter – of the Magistrate’s Court, so having them heard in the County Court is as close to neutral territory as you are ever going to get.

I have several more fines I am fighting.  I'm taking them one at a time and doing so with ever-increasing confidence as I gain more experience each time.  I will write in and let you know the outcomes of each of these as I go.

Thank you Aussie Speeding Fines once again for all your excellent work!

Best wishes,

 

Rob – Vic.


God bless you folks at Aussie Speeding Fines.

I've been contesting a fine for $280 for a red light camera at the intersection of Warrigal Rd & North Rd Oakleigh (which then some how miraculously turned into a speeding fine).

Bought your e-book, read it thoroughly and highlighted all the info I needed. Sent letters, opted for the court date and was waiting for the court date before contacting you for some finer points to stand by while in the dock but today, just over a year later, I have received my 'Infringement Withdrawal Notice' in the mail.

I love you guys, keep up the great work.

All the best,

Euan – Vic.


Hi there mate,

I’m the one that brought your dvd, cd and book pack a few months ago,

I had the sheriff come to my home and arrest me to go to court on the 16/12/13,

I finally went to court today for all my fines 65 city link fines,3 speeding and 1 fail to wear a seat belt for a total of $18,000 or just under I should say,

I was called up and I started blurting out the imperial acts section 8,clause 12 and currency act 1965 etc but as I got to about the 3rd line he goes can you please speak up. (I thought I was loud enough my wife was at the very back of the court and heard me very well)

So I spoke up louder then I got to about the 4th line then he said speak slower I’m going to fast. Then I tried again for the 3rd time and got to the part where it explains in your book about the currency act and how it works and yep once again he stopped me or I should say he interrupted me for the 3rd time and then I just blurted out, ok then you still cant legally discharge a debt over the value of $20 in Australia because of the way that the currency act 1965 is written,

His words were its not a dept its a fine. He always tried to stop me getting info out, there was a court room full of people mind you as well.

Anyways the end result been I had the full $18,000 completely wiped, nothing to pay out at all (NOTHING) And he said I was free to go with a merry Christmas blessing which no one else got at all the whole time I was in there and it was a long time, 3 hours in there. I don't understand he was giving everyone else fines and they all had lawyers I represented my self.

What I want to know why did I get off free? We are talking about $18,000 not $1800. Was it the info in the book that I was trying to get across to him and he kept stopping me hoping I would give up so people in the court room would not understand or do you think I made my point and the judge knew that I was so right in what I was saying,

I am very very happy of the outcome I just don't know if I won the case because of what I was saying or because he took pity on me etc,

Thank you kindly.

Jason - Victoria


Hello Aussie Speeding fines ;-)

I would like to thank you for saving me many dollars and my license, which was going to be suspended for 6 months. I bounced letters back and forth, I requested old fines (that were within the last 2 years) and questioned them also and got them withdrawn.  

I do believe in driving with care, so I don’t hoon around now that I feel confident about handling any fines, but I do not want to raise revenue in a system that is illegal and quite plainly doesn’t work.

You are more than welcome to use my testimonial any way you like.

Keep up the good work.

Regards,

Dee



Hi Aussie Speeding Fines,

I hope this is not too long winded. This is my experience with the South Australian police and court system.

Regards,

Wendy

I was shocked to receive an expiation notice in early June 2012 for supposedly doing 89 in an 80 zone at 5:30 pm on 18th April. A letter would not have got from Kangaroo Island in time to answer it so I phoned the Expiation Branch and consequently faxed a response stating that I had not been speeding and believed their camera was incorrect. They wrote back informing me that my fine stood.
 
I am a 73 year old aged pensioner and was supposedly speeding in peak traffic on a busy Adelaide road. I live on Kangaroo Island and regularly go to Adelaide to visit family.
 
I remembered hearing about someone who could help so I used Google to hopefully find them. Aussie Speeding Fines was one of the places which I found so I contacted them and subsequently joined. With their help I continued to fight my expiation notice and eventually elected to go to court.
 
My first court appearance was in January 2013. Outside the courtroom the prosecutor approached me and informed me that I had contacted police and denied that the car involved was mine. I said that I had never denied that it was my vehicle, only denied that I was speeding.

He said that if I then changed my plea he could fix the case quickly. After-all I had only been clocked for doing 9 Km over the limit. (Guilty???) I informed him that I was not guilty of speeding and believed in standing up for my rights. He then gave me a court date for mediation.
 
In February at my second court appearance I had to sit for several hours whilst lots of people pleaded "guilty", some of them quite serious cases; one a video discussion from gaol. It was a rather intimidating experience as I had to go behind a thick glass panel with just a slit in the middle to make my plea of "not guilty". I informed the magistrate that I was supposed to be there for mediation, but he said I was there just to make my plea.
 
So in late April, once again I attended court. This time I sat with the magistrate and prosecutor whilst we discussed what my defence was and whether I would go to trial.

So far I had been to court with three different prosecutors,
 
At this stage I realised that there was no way I was going to win my case without someone to physically help me. Aussie Speeding Fines had a notice that John Collins would assist people for a small contribution. I immediately contacted John Collins and he agreed to meet with me the next time I was in Adelaide. I met him with copies of all my information. With my authority, John managed to obtain a copy of all my court visits so far. He agreed to attend court with me on my next visit.
 
In early May, I went into hospital for my operation. Whilst I was still in hospital, I received an email from the original prosecutor about my upcoming court case. John Collins visited me to discuss what we should do and to check on some details of my case. I really appreciated this. John discovered that my court summons was illegal by one day.
 
I was assured by John that there was no way this case could be lost. He said that the prosecutor would withdraw the charges near to the court date.
 
A week before I was due in court, the prosecutor sent me an email that he would withdraw charges as long as I dropped my claim for costs. I ignored this as I had previously instructed the prosecutor to go through John. He also contacted John by letter. I informed John that after all the messing around I was not a very trusting person and gut feeling said I should go to court to make sure that they did indeed withdraw the case.
 
We went to court to be met by a different prosecutor who informed us that the charges had been withdrawn. He and the court people did not seem to know about McKenzie Friend so John handed them some official information. We informed the prosecutor that I intended claiming costs. He informed us that I was only entitled to claim about $35 per court attendance. John pointed out that the magistrate could overrule this.
 
We were called into the court to be informed by the magistrate that the charges had been withdrawn. I told him that I wanted to claim costs. So again we had to wait. When we finally had our hearing the magistrate eventually awarded me $500 costs. This does not even cover my four ferry fares but is better than nothing.
 
Thank you Aussie Speeding Fines and John Collins. I have a clean record even if I won on a technicality. I still believe that the camera was not correct.
 
Would I do it again? Oh yes! I believe in standing up for my rights. The court system does not seem just but I believed I was innocent so stood up for myself.
 
Wendy
Kangaroo Island.



Hi Guys,

I just thought I would drop a quick line too say that your information has saved me from the greedy incompetent people at Council twice.

They fail to understand some very basic information that there own internal communications at management level is non-existent.  After telling them of my new vehicle details I waited at last 8 weeks to receive a new parking permit and was issued with two fines in that time for failing to pay and obey signs, as there are no signs and that the fees had been paid.

I sent them a polite letter (#1) to advise them of the fact that they had no signs in the car park and that the permit fee had been paid 3 months in advance and that they had been advised of the rego change.  They wanted money so much that they started to tell lies, at first that the car was parked in a ticket only area and because I had a permit had no right to park there.

I sent another letter (#2) asking for a plan showing where I could park with my permit and told them that there are no signs saying "ticket area only" (lie no 1). They replied that the fine was correct and that they didn't say Permit area in their letter (lie no 2) and that they would no longer consider any further correspondence and wanted my full name and address so they could issue court documents.  

I wrote letter number three (In the meantime I got fine number two.) I replied providing my full name and address and pointed out the discrepancy's in his letters and said that I would agree to attend court but this was not my preference.  I waited 15 days and sent another letter saying that as they had not answered any of my requests for information and that I had not heard from them that the matter is withdrawn and I wouldn't be responding any further.

I got a rather nasty letter back saying that he had 28 days to respond and saying that the signs will be going up soon, but that matter had been withdrawn.  About 5 days later I got another letter regarding the other fine withdrawing the second fine with an official warning letter attached.

My advise; don't ever give up writing the letters and asking for information. All of councils letters were from templates and didn't actually respond to questions that I asked.  It’s very typical as someone else in my office had the identical letters to me. I had my fines withdrawn after 4 letters saving $142.

Thanks,

Alex.


Hi,

As you may be aware, I am in Lismore Northern NSW and the great news...Saturday afternoon in the little township of Clunes, police were stopping all northbound traffic (obviously after something or someone). I was in that line of traffic not displaying number plates and was threatened with fines and arrest if I refused to comply.

I informed them of the relevant sections of the Constitution and the Crimes Act, also the Imperial Applications Application Act. One of the nice cops asked if he could please photograph the information I also had on laminated A4 to show any interested party. They took this information back to the Winnebago van they had set up as an office. A short time later the nice cop came back and says "you're right to go now" :)

It's glareingly (is that a real word :) ) obvious they couldn't find anything to charge me with, further proof of the "ILL"- legal system. Just goes to prove once again, knowing the law and standing your ground definitely pays off.

Have a great xmas and new year.

Cheerz,


Jon – NSW.


Hi to the team at Aussie speeding fines. 

Victory in a court of appeal at Ballarat today. On 31 August 2011, I received a speeding fine In a bus on the western ring road. The first 2 Court appearance were adjourned and the 3rd, I had a stomach  upset so at 8'30 in the morning rang the clerk of courts to inform them that I was unable to make it she said that without a doctors certificate that they would run the case without me.

I was fined with conviction so I appealed and the case was heard today at Ballarat appeals court and I had success.

Thanks to Aussie speeding without the info in their book I would never have gone that far and the info was invaluable.

Regards,


John – Vic.


Hi all,

Just like a short note to thank you for your help with my matter and just to let you know all is quiet with the  pic tax mob since I took your advice regarding giving them curry about disregarding my letters, will let you know what happens.

I have been helped by your org twice over the last 5 years and so far you are scoring 100 not out. The first matter was reduced to no points, no fine and a donation to a charity at a third of the original cost all I can see is small amount of time writing letters and may be a day in court for at least as far as I can tell a better outcome every time.

As a member who has payed for the "book" it was well worth the money and I urge all to buy and use it. The cd of forms is a god send to allow you to not make mistakes.

Yours,

Ivan


Hey ASF

A colleague of mine without email asked I send this on for them:

About a year ago we decided we were sick of paying road tolls.  $11 for a return trip across the gateway motorway! But it wasn't the money, it was the principle.  The lie that 'the toll pays to build the road', and the whole arrogant ethos of the corporation that run it. The way they stack on charge after charge, which continues to increase and demand payment even after they move to get Dept Roads to fine you.

So we continue to travel as usual,  and are careful to mark every single letter 'Return To Sender - Unknown Addressee'   As long as we do this the fine will not progress to Dept Roads. 

One toll in Brisbane is used a few times a week.  After returning a few of their letters we had the idea to get the Postmaster to stick an Australia Post sticker on it saying 'Rejected not at this address'.  They never sent another one! Months later we continue to enjoy frequent travel on that road  

The Gateway have a history of receiving letters of dispute in the past so they've been much more persistent.  We have now written to them explaining

'This is a Cease and Desist notice. We have no idea who you are or why you send this mail. We have no idea of the addressee and we keep returning it therefore it is unsolicited and if you do it again every individual concerned - not the corporation - will be liable to criminal and civil prosecution for, amongst other things,  mail fraud and harassment. Each individual also be subject to our Fee Schedule which includes exponential charges for every item of further correspondence from you. This will be tendered alongisde the substantial damages we will be requesting.  This Notice, because it's a prior warning,  also nullifies any defence you may have, which will result in a summary (Default) judgement in our favour should we proceed to Court'

Checkmate!  

All thanks to you ASF

THANKYOU

Rachel - QLD



Hi Guys,

I went to court last month for driving an unregistered 3 ton truck .... had not been paid and was near 3mths expired, Magistrate first questioned the fact that I had not made/taken a plea... ie guilty or not guilty ... :) I replied with "Before we go there" and then proceeded to go on about the extreme cost of the fine, and that I had my license and rego on my motor bike to pay and I tried to write to Civic compliance without any satisfaction and they basically told me to come hear, so hear I am, I come in peace and wish not to dispute anything apart from the extreme cost of the fine ....

He interrupted me ..... as I was on a roll :) and he knew it, hahaha he looked over his glasses with a smile in his eyes and said, how about we remove the fine and any conviction or points lost, how would that be?  hahaha :) I smiled and held eye contact with him and said, That would be lovelyyy  :) Thank you. and left on cloud 9 hahahah  

Sweet, ask with a whole heart in Peace ... and what you ask for ... will be given ...

The prosecutor didn’t get to say Boo about it, don’t feel he liked it as much as I did hahahah.

Peace guys, Keep up the good work ... BIG Changes R near by ... I can also feel that !!!

Peace & Love

Kenn


Hi ASF,

I went to court in Sunshine, Melbourne, on September 3, to fight a $150 speed camera fine dating from 18 months ago. I sat through about eight or ten mostly drink driving cases – one guy had been pinged 61 times – and I thought this magistrate is a lovely man; he really went out of his way to help people not pay or get their licences back although he told one bloke he’d go to jail if he appeared before him again on a dd charge in the next nine months.

Anyway when I came up I said that in my 70 odd years I’d been pinged four or five times by speed cameras and I’d happily paid up. “You never pay happily,” said my friendly magistrate. Then I said I was fighting this one because I really believed I wasn’t doing 106 (on the Western Ring Road) as the camera said and I wanted to challenge the calibration of the camera. However if I had read the brief properly I would have realised it had been calibrated a month before. So I thought well that’s that.

But then he checked with the police prosecutor and found that I’d not been in court before and because it was only 6km over he would waive the fine. I think he was impressed I’d come 200km from Benalla for the appearance and advised me to drive home carefully, avoiding the attention of speed cameras on the way. Lovely man.

So I would not have carried through with my opposition to the fine without the help of AF's book.

Thank you.

David – Vic.


Hi ASF,

Re your e mail regarding speeding fines and my e mail to you re the speeding fine I received, I am pleased to let you know that I e mailed the  Department and told them in no uncertain terms!!!  what I thought and I received a letter from them telling me that they have waived the fine etc.

YESSSSS!!!! 

I told them that the amount I would have to pay was rediculous and that it was the first time I had been charged since I started to drive in 1969, and they needed to go and check their equipment as I found out where the meter is and there is no way I would be driving at that speed where the meter is situated.   Thank you for the e mail you sent and I am glad of the outcome.

Regards.

Mary


Dear ASF

I had two red light camera fines in three days at the same camera in the ACT in February, I followed your three step letter process & eventually got a summons for court in July.

I arrived at court only to find out I was supposed to be there the day before as I thought they were both being heard on the same day. I approached the front desk & explained my dilemma to the clerk & she said no problems you should be able to get both heard today, I'll just check it for you, after about five minutes she returned & informed me that both cases had been dismissed.

I'm now waiting for a summons for the same camera again 6 months later, it is notorious for the fines it gives out & everyone complains about the wrongful fines they have received, I informed them contact ASF & fight them. I expect to have another win with my next case.

Jeff - NSW


Hello Team,

Great news, after many months of persistence, following your process has totally paid off!

Those two speeding fines that escalated to the magistrates court of SA and racked up to a combined total of almost $1600 have gone away....

A few days ago I received in the mail two withdrawal notices as well as a signed notice from the "commissioner" of the SAPOL  notifying me that they were no longer in a position to proceed....

Thank you so much for all of your support, it was and still is greatly appreciated.

Thank you for your contribution to our Aussie community.

Keep on rocking!

I am happy for you to use this as a testimonial.

Clayton – S.A.


Hello,

The first great news is that a local council (the city of swan) issued me with an infringement notice for parking on the grass out the front of a friends house, as you are not allowed to park on the verge.

Sent letter 1 in and 3 days later got a letter from them saying they had withdrawn the fees.

Marlon – W.A.


Hello Team,    

Neil here from South Australia, I know that you now LOVE getting emails from myself. :)  

I now have won 4 in a row. I just won my Trial today 23rd July in the MAGISTRATES court (did not have to appeal this one to the supreme court, must be getting better at this). I got it thrown out and was AWARDED COSTS AGAIN BUT THIS TIME ONLY $300.00 compensation, I did not object to that as I was in front and won my 4th case in a row.   Will post the courts outcome/magistrates orders to you as soon as I get it......   Now they were useless, the prosecutor had another adviser. The trial went from 10am until 3:15pm, with an adjournment from 12.15pm to 2:15 pm for the prosecutor/s to get their shit together and provide evidence. They come back after 2:15pm and there was 3 of them, one was the actual speaking prosecutor and the other two were sitting in the audience seats and approaching the prosecutor and assisting her many, many, many times.........

I said loud in court, I am a Fitter and turner tradesman and I am being challenged by what appears to be 3 prosecutors now?????????. I move the court to take judicial notice that if the Law is not written in clear and imperative understanding terms then it must be awarded in favour of the defendant, err, that's me your honour. I said if three prosecutors and even you your honour is confused what sort of chance do I have as a member of the public representing myself on the simple merit that I WAS NOT SPEEDING.  

Must say, prosecution kept on asking for an adjournment to get more information, call in witnesses etc. I spat it and moved the court to understand that I have attended 3 times and have lost $200 a day from loss of wages to attend and the last time I attended the Trial 2 Months ago it was adjourned as the magistrate was to busy to run my case, the magistrate went on to say that I would be given PRIORITY at my next appearance, he asked the prosecutor if the 23rd of July was ok for him AND HIS WITNESSES, the prosecutor said yes ok for that day for trial. Soooo I OBJECTED, and to the point if there was no camera operator to cross examine, and there was no drive through witness to cross examine then they do not have a case.

The prosecutor was not there, she can not answer questions on behalf of the witness. I moved the court to understand that if they are depriving myself the right to cross examination of the only credible witnesses then THEY DO NOT HAVE A CASE TO ANSWER TO. I did also mention that the only real credible witness that actually SAW myself speeding is the speed camera itself and if the camera is not in court to be cross examined then again they do not have a case. I moved the court to dismiss the case on them merits alone.  

The Magistrate was a slightly good one, lucky for me, he listened to myself challenge the Australia act, he listened to my road rules are not law and why argument, even got in a bit of the NMA argument especially section 10, I even suggested to them that there is no such thing as the Queen of Australia or even swearing allegiance to the Fake/great seal of Australia is ALL against our commonwealth constitution Act 1901 UK. Nothing has been enacted by her majesty the queen.

He let me actually touch on all areas of constitutional arguments, even accepted my quote/s, all this during prosecution delivering evidence. Even let me talk about our Governor General that has been UNLAWFULLY commissioned, as commissioned under the non existent queen of Australia and by the fake seal of Australia, not by the her majesty the queen and not by the GREAT SEAL OF BRITTAN as they are required to be. DID THEY PAY ATTENTION TO THESE QUOTES, BOY DID I WAKE THEM UP. :)  

In fact, Fine requesting payment, The Imperial Acts Application act section 8 clause 12 (Page 43) States: “That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void. Public Law under s12 of the Bill or Rights requires a Conviction before a fine can be issued. These actions are both a breach of contract for failure to provide consideration and an attempt to pervert justice under s43 of the Crimes Act 1914 (CTH).

Did NOT even get to my chance to submit evidence, did not get that far, it was shut down after prosecution gave evidence that was not a case to answer to.

The fair magistrate brought up an argument in my favour, and asked the prosecutor many, many times, how can you prove that the photo/s submitted was taken by that specific camera???? They could not answer it, they even turned to themselves and said?? How can he do that?? The prosector could not prove that the photos were taken by that camera and not another cam etc. IN ALL HONESTY I think that the fair magistrate did NOT want to deal with the ramifications that I had raised in my constitutional arguments so found a flaw and shut it down, not as to say I was right but prosecution could not prove beyond reasonable doubt that the pics were taken from that same camera and not another one.

Ok, enough WAS ENOUGH when one of the two other prosecutors approached the bench and starting speaking. I shouted very loud and aggressive OBJECTION YOU HONOUR, this is NOT on. He shut them down pretty quick also. And advised that there is only 1 prosecutor in this court that is permitted to speak. Was a real side show alley, prosecutor even said, sorry your honour I do not know these Laws very well, I am not use to these regulations etc.

I moved the court on many occasions..... for example I moved the court to take Judicial notice that the burden of proof is on the plaintiff/complainant.

I moved the court to not let conjecture outweigh certainty I made a point about the difference.

I called upon the court to take judicial notice of the difference between FACT and INFERENCE.

I demanded on public record that there IS a difference between FACT and INFERENCE. Truth is not an imaginary substance. There really is a difference between what is known for certain and what is argued by lawyers by INFERENCE and outright extravagant guesswork.

Anyways, the rejected the prosecutors wishes to adjourn the trial so they can get more evidence and rejected the case and ordered that the prosecution pay me costs of $300.00. You little ripper Aussie Speeding Fines Team, I have won 4 in a row and now I am getting paid for it. I am getting very good at this now, they aren’t as they are not use to being challenged at speeding fines caus everyone is scared to go to court so just pay.... well not now you corrupt bastards.

Kindest regards,

WINNING MEMBER

Neil – S.A.


Hi Guys,

Winning a case against the Police was one of my high points in life,

At the beginning of the court hearing, I spoke clearly and calm, and told the magistrate that I had never done this sort of thing before, and he did give some help in putting questions to the Police , ones I hadn't thought of.

My infringement was "failing to indicate when changing lanes", $100 and Two demerit points (WA).  I told the magistrate that $100 was not the problem I could pay it any time, I also told him the Two demerits would not put my licence at risk, But I said this was purely and simply a principle fight, as I had done Nothing wrong,

The Police had stopped me after they thought I was doing 80 in a 70 zone, once they saw it was a 80 zone, I think they felt a bit silly and needed to show me that they were in charge, and so, after a 25 min piss about by them to try and find something, Breath Test, check car for anything that could be wrong, suggest that my speedo was way out, anything but each time they failed, so they went back to their car, I sat in mine and, after another 10 mins one of them came back with  "The infringement".

Eleven Months to the day, I won the case against them.

Anyway I will take no more of your time,

Thanks again the Ebook hard copy is nice to read through with a mug of tea.

Keep up the fight, I sure will and I try to encourage as many as I can to so too.

Cheers,

Peter – W.A.


Hi guys,

This is for your testimonials section.

In October 2012 I was issued a fine with a pic of my car parked on a nature strip in Altona. I was not the driver. My son was. Came with a pic showing several other cars in the pic parked on the road. I wrote back to council nominating my son as the driver. They withdrew it from my name and transferred it to son's name. He accepted. I then sent the council a letter using the first stage of the 3 step process.

He didn't pay on time so council sent him a reminder notice in his first and last names. They added another 22.60 in costs. 2 weeks later they sent son a notice in his first and last names, stating that he had nominated another driver and that nomination had been accepted. I asked him if he nominated anyone else. He said NO.

He then received another penalty reminder notice. This time the notice had his middle initial as part of his name. It took me some time to pick up this one letter discrepancy. I then wrote back to council that since I cannot provide false information, then that also legally applies to the council. I (in the form of my son's name) also stated that I did NOT provide them with another name, and based on this, I want the council to drop this fine. 6 days later, my son received a letter stating that the fine would be converted to a warning.

I wrote the letters and asked my son to sign them, explaining what I was doing at each step (he's 19). The council nominated another driver when they found they were only using his given and last names. But his license has his middle initial, and when council realized this, they did a dirty on him. Took me several reads of the previous correspondence to pick this omission on their part. They then tried to lie when they realized the error.  All the council notices come with the line: "It is an offence under the Road Safety Act 1986 to knowingly provide false or misleading information in the statement, which may incur a penalty exceeding $6000."

"The statement" is not defined. Also my son could have chased the appeals review officer for a $6000 penalty. I was wondering if anyone has ever done this. Any comments, ASF?

Sincerely,

Joe Allen


Hi,

Just wanted to let you know I have been fighting a red light speeding fine since November 2012.

I have been to court four times at the last court session I asked for the case to be dropped as no witness arrived for the prosecutor.

This was turned down by the magistrate but noted for the next hearing date the 1st August. I received a telephone call from the police this week to say they are with drawing the case.

I guess after four court appearances this must have cost a lot of money. I am thinking of going to court on the 1st for compensation. Don't give up fighting they try and scare you into submission hang tough and fight.

Robert


Hi guys,

I thought I'd drop you a line to say a hearty  "thank you" and that my Red Light Camera/ "Red Arrow" Charge was withdrawn at a Contest Mention in the Ringwood Magistrates' Court last Monday. I was there representing myself.

Of all the people I talked to about the matter beforehand (including a Solicitor) and then electing to go to Court, only you guys provided the specific reasoning and unwavering encouragement to take on the "system" that seems to be  unstoppable unless you are prepared to question it in a Court environment.

While other people listened to me, they generally gave me an unconvincing "Ho Ho Ho, Good Luck" response.

The greatest lesson that I have learnt from this journey into another world, is that you have to scrupulously examine every photo, every fact and every document sent to you because as you correctly say in your booklet, there is a big chance they will have screwed up on matters of significance.

In my case, I suggest that the big ticket item was that the photographic images showed my vehicle in the intersection at two places at exactly the same time- but no one representing Victoria Police wanted to acknowledge that this was impossible even as late as last Monday because the Charge was then going to be withdrawn on  "compassionate grounds".

Does this explanation really rest easily with the prospect of my raising another case involving a RLC of dubious accuracy?

Furthermore, I did load up on the information that you gave me by email just in case they thought I was "one dimensional".

Finally, I always thought that there was something wrong about the RLC situation at the point of receiving the Infringement Notice but couldn't connect all the dots until you guys professionally and clearly provided the answers with your booklet and online advice service.

Cheers and thanks once again from Waldo – Vic.


Hello Team,  

I followed your advice after a Counsel Ranger photographed my car with my two 14 year old visitors from overseas stepping out at 6.30 AM to take the train to school in the city. I had stopped in front of the train station in a place where there was no danger for anyone for about ½ minute for them to hop out.

I wrote a letter to the local council who sent me a fine for “parking” in a no stopping area that I would like to see the “work with children check” of the council ranger who took illegally photos of the girls without asking.

The Council wrote back that the case was dropped.

Thank you.

I also need to stress that the illegal traffic fine business costs the tax payers massive amounts of money because so many people lose their jobs and income if they work in an area which is not accessible by public transport.

Here in Sydney, a 20 minute drive can involve 2 hours each way bus ride changing 4 times a bus because public transport is so underdeveloped or their job involves driving. Those people end up on centrelink payments which is paid by guess who? The tax payers! I know heaps of people who were for 3 or 6 months on the dole or longer because they could not work without driving license.

Kind regards,

Ursula – NSW


Hi ASF,  

Just recently I had a victory against the QLD Police.  It all started on the afternoon of 17/7/12.  While I was on my home from work traveling along the Warrego Highway, I noticed an unmarked cop car with its lights flashing.  I didn’t think anything of it at first as I wasn’t doing anything wrong.  He then came up beside me and signalled for me to pull over.  I ignored him at first, as I know you don’t have to stop for police and tried to continue to my house.  He then tried to knock me off my motorbike.  (And these are the same idiots going on about road safety and telling us to drive safely and to obey the traffic laws.) 

So I pulled off the side of the road as I feared for my life.  We then had an argument for about 20 minutes and he threatened to arrest me twice for not answering his questions.  He also said that I was the most arrogant person he had ever encountered.  That’s exactly what I thought about him.  In the end he gave me a speeding infringement for doing 121 in a 100 zone.  Then he took off without indicating and pulling out in front of someone and nearly causing an accident.  

So began the long process of having to start to get in contact with various agencies.  Instead of doing the usual 3 step process, this time I sent off letters to the DPP directly asking them if they had any facts or evidence that I was a public servant at the time of the complaint, and they had 10 working days to reply and if they didn’t then they agreed with the terms of my claim.  They didn’t reply so I defaulted them.   Every letter I sent was by registered post with a delivery confirmation slip.  I do this with every letter I send, this way they can’t play the we didn’t get it line if it ever goes to court.  

A few months went by and I thought the matter was over.  Then I received a letter in the mail from SPER telling me that QLD Police had passed on my private details to them for failing to pay a fine.  They did the usual trick of adding another $60 to the original fine.  I sent a reply to them saying that the matter was closed and I wouldn’t be paying their fine as they were a private corporation with an ABN and had no authority over me as I didn’t work for them.  They replied to me saying that I had to pay the fine.  I told them to $$$$ off and to mind their own business.  I also got in touch with QLD Police at their Traffic Branch at Yamanto and told them I was disgusted with them for handing out my private details to a 3rd party without my consent.  I then informed them that I would be taking the matter to court and their arses would be mine.  

In the mean time I gave the DPP another chance to answer my original questions.  They failed and I defaulted them again.  I then got in contact with the Attorney General of QLD.  I sent him a copy of my Certificate Of Birth (Live Birth Record), the piece of paper your parents fill out when you’re born and told him that I was the beneficiary of the title on the document and as such because I was the beneficiary was appointing myself as the Executor.  He had 10 days to reply and if he didn’t, he agreed with my claim.  I also asked him if he could provide proof of claim for something that he’s alleging I can’t do and if he didn’t, he agreed that I could do anything I want as long as I didn’t harm anyone.  He had 10 days to reply to that too.  He never did so I defaulted him.   

I then receive my summons for the 22/1/13.  I asked for the matter to be adjourned until June as I was too busy with work.  I got my adjournment but it was for 14/5/13.  In the meantime, I continued to work on my affidavit.  With this, everything that happened on the day I was forced off the road became evidence which I attached to my affidavit.  Certificate Of Birth, letters, receipts etc were all attached to my 4 page affidavit.  In all there were 30 exhibits attached.  Very thorough.  

Then 8 days before the summons, I went into the courthouse to have my paperwork notarised by the JP.  I then put a copy into the court file and dropped by next door to the cop shop to give the prosecution a copy.  This is where the story gets good.  I got home the day after and my answering machine is flashing.  There was a message from the prosecution saying that they were dropping the charge against me and wouldn’t be proceeding any further with the case.  They also sent me a letter in the mail the next week which stated that they wouldn’t be submitting any evidence and the matter would be withdrawn in due time. 

I sent a reply to them saying they better drop the case immediately because I didn’t want  them to issue a warrant for my arrest for not showing up and I was disgusted with them for trying to bully me into paying a fine when I did nothing wrong and how many people were out there that were bullied into paying fines. I never heard back from them.  

Feel free to put this up on your testimonials page for the world to see.  

Craig – QLD.


Hi ASF,

I was convicted for not paying parking fine to council back in march 2013. I appeal to magistrate decision who charged me total $650. Went on district court NSW my case re heard again and judge upheld my appeal and put a stay on order.

When asked to produce certificate of authority of the person(ranger) who brought the matter to court, local council prosecutor did not have Judge then recited his decision.

I ordered transcript to see the reason of judgment.

I WON!!!!!!!!!

Dejan – N.S.W.


Dear ASF,

I got booked on a freeway about two months ago, $563 and loss of licence for six months because I was already on a bond. It was 2:00 am and the freeway was empty so no possible danger to anyone and was not charged with dangerous driving. This meant I would lose my job, potentially lose my home, lose access to my twelve year old daughter who lives an hour away in a place with no public transport and, as a result of that, be in breach of my parenting agreement which could potentially cost me all access to my daughter.

To say I was stressed, to say I was sick with worry, is an understatement. I think I spent a few days like a roo caught in headlights, then I joined Aussie Speeding Fines. What followed was a remarkable process, to demand that they prove their claim against me, to quote the law to them, to impose a time frame on them just as they had imposed on me was at once incredibly liberating and incredibly scary!

Surely if they could so easily crush my life in so many ways then any fighting back I may do would be met with utter contempt and the full weight of the law. What the hell was I getting myself into!?

Then came their first response. This dominating nemesis was making legal claims even I, with virtually zero legal knowledge other than what I'd read of your material and absolutely zero legal experience, was able to see was a hollow attempt at intimidation, they were actually on the back foot! Then to finally send them a notice to inform them that this matter is now closed, I think I'm experiencing for the first time in my life what it really means to be a citizen, to have rights and not simply be the meat of bullying officialdom. Even though they may yet come back at me with a last ditch effort at extortion I know I can fight them and win.

Quite apart from the material you provide your members, I want to thank you for your support through this process, I've asked you questions that there was no need to ask had I properly absorbed what I'd read in the e-book and may have absorbed had I not been going through the trauma I described above. Despite being inundated with emails you still managed to respond quickly, courteously and encouragingly and that last point especially I'd like to emphasise, at no stage did you make me feel like I was alone in this or like, as I almost expected, 'ok buddy got the money now, 'bye!'.

Please feel free to use any part of the above as commendation. Again, thank you so much.

Michael – Vic.


Hi  

I've recently had my spending fine withdrawn and they officially apologised for any inconvenience.

So another case won, $416 dollars saved and three demerit points. hahahhaha

Kind Regards,  

 Con – S.A.


Hello Team,

Here is another one of them emails that you love to get.........  

Ok, went to the supreme court today, Thursday 13th @ 10am for my appeal against the magistrates decision re: fixed pole redflex red/speed camera alleged offence 73k in a 60 k zone.  

It lasted 3 minutes and the judge awarded myself compensation costs of $750.00  WINNER, WINNER, WINNER (Sorry just had to write that :)).  

Must at this stage also remind you that the court had contacted myself 2 days prior to the appeal/today (13/06/13) and advised myself that prosecution would be conceding the appeal.  

CONCEDING: Admit that something is true or valid after first denying or resisting it. Admit (defeat) in a contest: "he conceded defeat".  

Today @ 10am in the supreme court here in SA the trial lasted for 3 minutes - prosecution suggested that there calibration and testing certificate was inaccurate as was 3 days over the deadline before it was required to be tested again. Basically it was calibrated and tested on the 21st/03/2013 and needed to be calibrated and tested 14 days from that date for a fixed pole camera.....

I was snapped by the fixed pole cam on the 7/04/2013 so that is 17 days later from the calibration and test date... 3 days over in fact.... again prosecution pointed this out and that was there reason for not challenging the appeal....Conceded defeat.  

Must admit I did not pick up this fault with the certificate so thank you prosecution, guess that's their way out of admitting I am right and the system is corrupt.  

So Team, thank you again for your help and advice...... you are the best and don't let any one tell you any different. :)   N

ow I have won 3 cases in a row as have taken 3 speeding fines to trial in a row (one appealed to the supreme court) and have won them all. If you remember the last one was for speeding and unregistered vehicle that I won thanks to your advice and guidance. Oh and the police prosecutors incompetence.  

I am challenging another one in the magistrates court as we speak but that had been adjourned by prosecution PENDING the outcome of my supreme court appeal......... so I guess I have also won that one also. Will wait to hear from the prosecutor when he rings me today as I have requested him to do so we can discuss the trial and so I can point out to him that I had won my high court appeal and they gave me $750.00 for doing it..... again not bad for a $320.00 fine.  

Thank you again Team you are the best,   Kindest regards,

Neil – S.A.


Hi Chaps,

I've recently had success in defeating a parking fine issued to me @ 8.22pm on 8/5/13 near the Botanic Gardens in Brisbane. I parked there at 6pm and looked for a parking meter – the BCC now charges 24/7 for parking in town –to feed the beast .

The area was dark, the signage confusing and the meter would not work .I was miffed to say the least when I arrived back at 9.30 pm to find the little slip under the wiper. Subsequently filed a complaint outlining the conditions, lack of lighting, poor signage and the fact there was no lawful way to pay the 4$ for the time.

About 3 weeks later I received letter informing me the meter was faulty and the fine was waived. $75 SAVED.

I will thank them as it’s a good idea to preserve courtesy.

Cheers,

Fred – QLD.


Dear All,  

Thanks again for your reply.

Myself did have a win a while back when I was accused of using a Mobile phone while driving. I do have Handsfree in my car but the GPS dropped away from my windscreen so I held it in my hand. Even after explaining to the officer he booked me for $350.00

I defended that charge and it was dismissed. So I had success.  

On the Qld news a few days ago it was reported that the Qld police wants to write tickets even when you exceed the speed limit even of only 1-2 km per hour.

This gets completely stupid. We may have a case to sue the car manufacturers for selling inaccurate  speedos and of course lets see if they can proof that their  Laser Guns are reading correctly.

Best regards

Beno - QLD


Hi there,  

I thought you might like to know that my parking fine was withdrawn last week…..with an apology! Can you believe they actually said SORRY!

I’d like to thank you for giving me the confidence to act as I did. I did a fair bit of my own research as well that was relevant to the particular situation as it was a bit of a strange one.

I’ve included my letters below and attached the council response above. If you would like to use it on your site please go ahead, just block out my postal address.

Thanks a lot,

Susie - Vic


Hi Guys,

I am so happy I came across your ebook. I have been fighting a fine for almost 1 year for a red light camera where the amber light was only on for a second.

They gave me a court date and I went to the court to explain that I was pleading not guilty. The court clerk said there was no court booked for that day and that they have filed their paperwork incorrectly and I have not heard a peep from them since. They have 2 weeks to try and fine me again. Thank you so much. I am completely grateful for your help and I am spreading the word. 

Cheers,

Ruth


Hello to the team at Aussie Speeding Fines

I would like to pass on to you how I managed to get off a Hand Held Radar Camera speeding fine.

I was stopped by a policeman holding a radar camera at 6.50am one morning in Canberra and accused of doing 98kph in a 80kph  zone. The car in front of me, also pulled up, but the policeman indicated to him to go. I knew it was really the car in front they had intended to pull over, a grey holden, but what could I do.

I decided to go to court and defend the charge and studied the Aussie Speeding Fines E book, obtained my brief of evidence from the DPP and carefully studied the details of the policeman’s evidence, bearing in mind that the book stated that the police often make mistakes.   I saw in his brief of evidence, there was an "evidentiary certificate issued pursuant to section 25 of the road transport (safety and traffic management) act 1999 laser speed measurement device." He states in this certificate that "the speed recorded on the Laser Technology number ---  of vehicle ---  AT -- (place) -  at 6.24am was 104km/h

He had therefore stated that my offence was recorded on the camera as happening at 6.24am, when I had been pulled up at 6.50am, and the ticked he issued to me had 6.50am written on it, so I intended to show that error as evidence in my defence.

In court at my first appearance, I pleaded not guilty and at the subsequent case management hearing I said I intended to show evidence to prove that it was not my car, which was involved, but another car.

Prior to the final hearing, I received a call from the DPP to say that the matter against me had been withdrawn. I asked why and he replied that the police had not responded to my complaint within the required 60 days as per the law. I believe however, that they had responded in time.

I went to court for the hearing and when my name was called, the DPP stood up and said "No evidence" I was very pleased with the outcome.

Studying the information in the E Book, gave me the confidence to represent myself in court.

Thank you for your assistance in providing this information.

Denise – NSW.


Hi ASF,

THANK YOU for helping me to have the courage to stand up and fight in court. I’m now 5 (wins) from 5 (appearances). The last one being the most satisfying by far because VicRoads had to write a letter they most hate doing.

A little bit of history first. I was driving in Frankston and pulled up in a line of cars at the Nth Frankston railway crossing. It is always a long wait there so I have a habit of putting the car in “Park” and turning the engine off. My very ill son rang me and asked me to call in at the chemist to get some strong pain-killers for him. Call time of 15 seconds.

Several minutes later the traffic got going again and I continued towards the shops, but pulled over into a parking bay on the side of the road. I made a phone call of about 3 minutes and hung up. As I was about to come back into the traffic a highway patrol car pulled in behind me and claimed I had committed an offence back at the railway crossing. I explained the circumstances to him to no avail. I said I would take the matter to court, and he replied that’s my prerogative but it wouldn’t help me.

After more than a year of delays, it went to court in February 2013. It was delayed twice because the prosecution wasn’t ready (even up to the point of us both in front of the Magistrate with the case to be heard).

I argued on 2 main fronts:

1. The facts on the Enforcement Order details were wrong  (a) Incorrect date of birth, 6 years out.  (b) Incorrect road name as to their place of the “offence”. (c) The highway patrolman was not anywhere near me.

2. I was in fact parked and not driving my vehicle at each time I spoke on the phone.

They were not able to offer any proof an offence was committed other than to keep saying my letter is one of guilty because I handled the phone whilst my vehicle was on a public road. They had to admit that it was a technicality of law, but I argued on fact.

The case was dismissed.

I have just received a letter from the Director Customer Service, VicRoads stating “Civic Compliance Victoria has informed VicRoads that traffic infringement notice . . . relating to an offence of “Using a mobile phone illegally while driving” committed on . . .  has been cancelled. Therefore, VicRoads has removed the offence and associated demerit point(s) from your driver licence record”.

“Accordingly, the option notice issued on . . . under section 25(3) and 25(3D) of the Road Safety Act 1986 has been withdrawn and the 12 month conditional bond which commenced on . . . has been cancelled.” It proves you can fight back, and we all should.

I have won other speeding fines in court based on law and what ASF teach - thank you all for your great work.

Bruce – Vic.


Hi Aussie Speeding Fines,

I just wish to thank you for your prompt reply , I ordered my E Book mid afternoon on Wednesday March 27th, it was in my mail box the next day Thursday 28th, that is 101% efficient.   I have been promoting Aussie Speeding Fines to friends and people I talk to not long after you first appeared on the scene.   I had a situation about six months ago, about mid-morning driving between Wellington road and Jacksons Road on the Monash Freeway, I changed lanes, in a matter of just a few seconds I had an unmarked police car with his siren wailing up my rear end.

He came up to my car before I had a chance to get out, I wound down my window and asked him what was the problem, he said “that I had changed lanes without indicating” I said to him “I have been driving for fifty six years possibly driven well in excess of nine million Km in that time, when I got my licence, it was compulsory to indicate seventy five yards when changing lanes or turning, I had looked behind me before I made my move and there was well in excess of at least three hundred metres to the closest vehicle behind me, which must have been you and you must have really speeded to catch up to me as I was traveling somewhere in the mid-nineties.

He then said that we was also booking me for having my little dog, a Chihuahua sitting on my knee, by this time I had enough of his crap and said to him my little dog was laying on the passenger side seat, when he heard you coming up to my car he jumped onto my knee and was barking at you as he is very protective regardless of his size.

When he came back to me after his routine checks he handed me two infringements, told me I had twenty eight days to pay them. I started tearing them up and said “I’ll see you in court” and threw them in the back of my car and said to him, “if I threw them on the ground you’d book me for that as well”, he said you have an attitude problem, I said “listen kid, I don’t have an attitude problem, the problem we have is we have a boy telling a man with a lot of experience what is right and what is wrong and thanks for wasting about half an hour of my time when you could have been doing something useful, and I hope you have been recording our confrontation, it should give your mates a laugh, my son in law used to be a member he was glad to get out, have a good day.

I have never heard any more about this.

With Kind Regards,

Denis – Vic.


Dear all @ ASF,

Just want to let you know the outcome of my day in court.  I was charged with operating my headlights within 200 metres of an approaching vehicle, (to warn on coming traffic of a flash for cash just around the bend) it was only $40 fine, but the stupidity of the charge annoyed me and I thought I had a good enough defence if push came to shove.

I didn't see the cop car in the line of approaching traffic, and subsequently got booked. I followed the 3 step procedure, the cops ignored all of my letters and long story short had to front court this morning, just over a year since getting the ticket. I was well prepared to present my defence, based on the fact that I thought I was further than 200 m away from approaching traffic, so unless the cop was recording the incident it would have come down to his word against mine. Reasonable doubt.

I was ready to mention section 10 of the National Measurements Act 1960i if it had somehow been caught on camera. However when called in to court the Magistrate simply said "the prosecution has not tendered any evidence in this matter, your case is dismissed, you're free to go".

Yeehaa, it pays not to just roll over for these ridiculous and petty money grabbing tactics they use, so big ups to all at ASF for the good advice, it works!

Thank you,

Phil - QLD


Hello Team,

I don’t know if you remember my questions to your regarding a speed camera fine and unregistered vehicle here in SA at the same time from the same car mounted camera.

Well..... after pre trial conference and then trial being adjourned because the judge/magistrate said to me that there was not a judge to run my case as they all are busy......yes now you may remember me and my email query.............Well, finally today I had my Trial for speeding and driving unregistered.............

I WON.... case was acquitted after hearing the prosecution read out allegations that I constantly Objected to as assumes facts not evidence about the Aust road rules, the Judge was very patient and understanding even if I may say... fair.

They then called in the witness that WAS NOT the camera operator but a sergeant who has trained many officers re speed cameras, well I had a field day when it was my turn to ask him some questions.... as I said, I would of liked to question the camera operator as the sergeant cant answer questions about the site set up like (South Australia) RAA dyno tune rollers are not accurate to test the speedo of a car anyways they showed a 4km per hour fault in a 60 k zone which as you pointed out is 6.6 % error already.....

They also had many clerical document errors with calling the car a nissan pajero then getting another document that corrected the last by saying it was a mitsubishi pajero that tested the cam etc... anyways I DID have a field day and also asked the sergeant if he was aware that all measurements need to be traced back to the NMA especially section 10 and the RAA dyna tune does not comply......

He went red in the face when I suggested that the doc he tendered said all sorts of things about the site but no mention of ambient temperature as mentioned in the operation manual.
 
After the prosecutor spoke, then the witness was questioned, I did not even have my say and believe me I was armed to the teeth.... judge suggested that they could not prove that my car was unregistered (car was unregistered for 4 days) so there goes that one and also the accuracy of the camera could not be proven either as no RAA test cert is acceptable not that they had one.
 
Judge did question the NMA bit as he suggested that it has been tried before and failed, and said other things about the road rules being law as the gov general had passed laws and that was as good as the queens signature............. I let it go as could feel that the judge was going to rule in favior of me.

So.... I WON, acquitted he said, no further action, I am free to go.
 
So thank you team, this was a massive win for me, only thing that peed me off is that I asked the court for a copy of the transcript, they said that it would cost me $14 per page, bugger me, I was in there from 9.30am til 1pm so must be many pages, will request it but ask for cost before they send it to me as it might cost an arm and a leg, robbing bastards.
 
Thank you, thank you, I won another one for the People, now a simple speeding fine will be simple for me to tackle as I am getting better at this as we go along.

Yours truly, one hell of a satisfied member.

 :) Neil – S.A.


Good morning,

First I must thank you for giving me the confidents to take my fine to court, and guiding me to the information in the e-book.

Today was my day I court and I could not be happier with the outcome. There is no way to explain the feeling when the Judge says "case dismissed."

I was fighting a very serious camera recorded speeding offence. I didn't use the three step letters as I had been nominated by a past employer as the driver. The only option was to take it to court, and as per your e-book I dragged it out.

As per the courts advice I contacted the RMS and feel that I put them on the back foot when I pointed out to them all they had was a picture of the back of trailer and not the truck pulling the trailer. Her response was that all testing was up to standard and that she will come to court and prove it. I thanked her for time and got off the phone before anymore was said. She had just giving me a new angle. She could only prove the camera had been tested, but they couldn't prove the truck pulling the trailer, hence the driver. So they had relied on a stat dec from a prejudice party.

So I have my day in court, my name is called and I take position in the court. There seems to be some fuss with the police prosecutor and the Court officer. While I am busy laying my notes out and setting my folder up to being the Magistrate say to me do your have legal representation. I simply answer "No your honour."

Again there is some fuss this time between the Magistrate and the police prosecutor, then the Magistrate informs me that he is delaying my case for 30 minutes as the person from the RMS has not arrived.

A short time later I am requested to the court. Still no RMS and I decide not to open my notes and follow the Magistrate lead, it seemed the Magistrate would talk in his legal manner and then speck to me in plan English.

Again the fuss between the Police Prosecutor and Magistrate, then the Magistrate says to me "you have traveled a long way today" to which I add "and loss of income". The Prosecutor adds to this by saying that he didn't have the photo with the seal, next I known the Magistrate says “case dismissed”.

So it goes to show the burden of proof is on the prosecutor. You should always question the evidence. The cost of running the case was not of value to me, it was about keeping my driving record clean and getting justice.

My advice to others is start with the e-book and then research, and most of all "your never ever know if you never ever go."

Regards,

Peter - NSW



Hello,

Something that happened to me three weeks ago.

On Tuesday (before Dural workshop) at 6.45 pm, knock on door and who should be there but local constabulary with summons to attend local court next day at 10.00am.

Item number 310 on list, failure to pay speeding fine camera offence.

When the matter was called I appeared, the Magistrate asked was I Mr. Clear

I said “I am the party known as Paul of the family Clear”’

Well Paul! How do you plead?

I said, “I am here by special appearance and I have not come to testify but I do have a question. “As the plaintiff and its representative are claiming aggrieved status by contracting a third party to issue a fine for an alleged offence should we not be hearing from them first”?

A fellow called Archinold from the Crown Solicitors Office represented the State Debt Recovery Office was the Prosecutor. He went through the detail of time of alleged offence; the kms per hour recorded and had a 10x8 photo in his hand. He held it up so the Magistrate could see it and said “This is Mr. Clear's car your worship”.

I said, “I have not been presented with any material facts or evidence that that is my car and the unfinished part of my question is, is the plaintiff in court?

The Magistrate says to Archinold “who is the real plaintiff in this matter”?

Before Arch replies I pipe up and say “Is it not that the Camera is the real plaintiff in the matter and I further ask is the Camera going to testify?”

Arch has a bit of a stutter and stammer and without lifting his head Magistrates raises one eyebrow and looks at me and says case dismissed.

Arch yells out what about costs your worship.

Mag says I don’t think we should pursue this matter any further Mr. Archinold.

He was in the foyer as I went out talking to what appeared to be other solicitors, he pointed at me and they all looked around.

I said to myself checkmate.

Regards,

Paul – N.S.W.


Great news to start the day!

The police saw sense on the alleged red traffic light infringement (where I entered the South Rd/Daws Rd junction when the light was green and had to wait to turn right). I opened a letter this morning saying the notice has been withdrawn. I could hardly believe my eyes!

Thanks so much Meredith for noticing what was going on in that photo – it was so unclear I might not have even realised I was turning right if it hadn’t been for you. They refused to withdraw it the first time I wrote to them but when I wrote again they finally took notice.

Thanks for your encouragement and help, I really appreciate it.

Best wishes

Bridget – S.A.

 

Hi all staff and members,

I received an alleged infringement notice from a peace officer about 3 months ago. I applied the ASF process.  I then received a notice from SPER and I then forwarded them copies of all my written correspondence with the Police Officer in charge.

A few weeks later SPER sent me a notice telling me I had 14 days to pay or my license would be suspended. I didn't panic I just called SPER and politely re-iterated my position and said if I have no other choice I elect to have matter herd in court (which they agreed to except notice of that choice by email) 2 days later I received a letter stating:-

"Thank you for your election for court hearing received at the State Penalties Enforcement Registry (SPER) for the infringement listed. Your request has been approved and the matter is 'WITHDRAWN' from SPER and referred to the relevant agency."

The relevant agency SPER has referred the matter too is DEPT of TRANSPORT and MAIN ROADS. This is because D.o.T.a.MR.  had already taken 3 demerit points of my license which I have said I want re-instated. I expect I will be notified in due course of those points being re-instated!
I don't know where the Police are now in this matter but suffice to say they have wiped their hands of the matter as have SPER after receiving copies of my written notices as per ASF's eBook advice.

Thanks guys as this matter has now been 'withdrawn'.
YYYIPPPEEE

P.s. the gentlemen I spoke to at SPER seemed genuinely happy for me wishing me a good weekend.

Great stuff guys.

Sincerely, Brian – QLD.
Bless you all.

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