Aussie Speeding Fines June 2015 Newsletter

http://www.aussiespeedingfines.com

Some really positive news for once and some excellent success stories!

Intro

- Controversial claim that mobile phones do not cause crashes

- Huge success in QLD as the government scraps plans to recover $1 billion in unpaid fines

- Incredible stories of success from people fighting back against unjust fines

- Everyone can claim costs for unjust and unlawful fines

- The “next” level, for those who are ready

- Latest Testimonials and Feedback

- Facebook group, bumper stickers and business cards

Intro

We know it has been a while since we last wrote to you and we thank all those people who have now slowly but surely started sending us a gentle “reminder” in regards to the time frame between e-mail updates. Given the feedback we have received, it seems that about a month is a suitable time frame between updates – regular enough to keep you up-to-date with developments but not so often that you are bombarded with e-mails.

It’s always a bit of a juggling act but this time frame seems to be what people are after and, given our increasing workload, that works in well with us too. So, please expect that, from now on, give or take, you should receive our regular e-mail updates once a month or so, unless there is something of great importance to report before then.

Now, speaking of our e-mail updates, we know that very often they refer to all the issues that we, as Aussie motorists are facing, and, every so often, they contain just one or two “positive” articles. Well, this week, we are happy to report that all of the articles are very positive and powerful and should be used to inspire and empower more people than ever before to fight back.

So, to find out more about the latest and greatest developments, please read on ….

Controversial claim that mobile phones do not cause crashes

As we noted in the section above, every time we send out an e-mail update, we include references or links to the latest government propaganda. Those articles are usually filled with government spin that exists purely to justify their on-going revenue raising agenda. Well, finally, it seems as though there is some dissention in the ranks and people are speaking out against all the ridiculous government claims and setting the record straight.

The first of those articles is from a Ford executive who stated that mobile phones are not causing anywhere near the number of crashes that the governments claim they are. You can read the full story here - http://www.news.com.au/technology/gadgets/car-safety-expert-controversially-claims-mobile-phones-are-not-causing-crashes/story-fn6vihic-1227353007181

Now, we would like to state, from the outset, that anything that distracts you whilst driving or takes your attention off the road for even a second – such as constantly looking down at your speedo so you don’t get some ridiculous, arbitrary “speeding fine” – can, most assuredly, be dangerous.  As this article correctly points out though, most drivers tend to slow down if they are on the phone – because they are focused on the phone – and, if all the government BS about “wipe off 5 and save lives” or “speed is the biggest killer on our roads” is true, then that would actually make phone users “safer” drivers!

Clearly, we’re not saying that we agree with that statement but the point is that they can’t have it both ways – either it is “speed” that is the problem and anything that causes you to slow down must make you safer or, it is “inattention and distraction” that are the issue, in which case, driving faster and paying greater attention to the road will make you safer.

Pick an argument and stick with it governments – you simply cannot have your cake and eat it too!

As this article points out, the reality is that the moment you tell people they “can’t” do something then that’s exactly what they will try and do – you can’t get around human nature! So, if you tell people that they can’t text and drive then they will try and hide their phones in their laps and that will make them more distracted which, in turn, creates more accidents.

It’s exactly the same as the red light camera issue – they create a new law that allows zero tolerance for going through a red light – even though it may be safe to do so – and everyone starts slamming on their brakes at even the hint of a light going red and they create more accidents than they prevent – but hey, they generate a hell of a lot of cash flow while their doing it!

We urge all motorists to please visit our Vision for the Future page - http://www.aussiespeedingfines.com/pages/Vision-for-the-Future.html - to see the sort of true road safety initiatives that we would like to see implemented, rather than just these blanket, across the board, arbitrary fines.

Huge success in QLD as the government scraps plans to recover $1 billion in unpaid fines

Our second story, this week, follows on from an article that we reported on previously, where the QLD government proposed using private debt collectors to try and a recover the $1 billion currently outstanding in unpaid fines.

Well, we have great news to share with you this week, the government has now decided to scrap that plan – hopefully due to unprecedented pressure from our Members. You can read the further details here - http://www.9news.com.au/national/2015/05/19/06/04/debt-collection-plan-scrapped-as-queensland-nears-$1b-in-unpaid-fines and also here -http://www.couriermail.com.au/news/queensland/labor-abandons-newman-plans-for-private-debt-collectors-to-tackle-fine-dodgers/story-fnihsrf2-1227359518495

Now, there are some really important points to note about that article and the first, and most obvious one, is the fact that there are currently $1 billion in outstanding fines in QLD alone, which just shows that more people than ever before are refusing to blindly “pay up”, which is fantastic news, in and of itself – well done QLD motorists!

The second point is that our Members, through the assistance of other groups that we now work with: the Know Your Rights group – www.knowyourrightsgroup.com.au; Bank Secrets revealed – www.banksecretsrevelaed.com.au; CLRG – www.clrg.info and the like, are starting to realize that debt collectors are third party interlopers and have absolutely no legal right or standing to collect on these alleged debts.

And, in addition to that, it seems as though, finally – after 8 years of repeating it on a regular basis – people are starting to understand the power and the impact of Section 8, Sub-section 12 of the Imperial Acts Application Act, which dictates that all fines and forfeitures, before conviction, are illegal and void. If you don’t yet understand the relevance of that Act and why it means that all traffic fines are unjust and unlawful, then please be sure to get a copy of our comprehensive, 85 page e-book – “Speeding Fines, What You REALLY Need to Know” -http://www.aussiespeedingfines.com/pages/Digital-E%252dbook-Information.html

The simple fact is that neither the government, nor their private debt collectors, have any legal right to pursue those purported “debts”, until or unless those people have been convicted by a court of competent jurisdiction, after all relevant evidence has been cross examined. Given that most of those fines would have stemmed from speed cameras and, as the only witness to the “offences” are the cameras themselves, and the fact that the cameras cannot be taken into court and cross examined, there is simply no case to answer to for the majority of those fines and they are ridiculous, baseless threats.

Thankfully, QLD motorists are waking up to these facts – we just hope that other motorists around this fine country, pun intended, do the same.

Incredible stories of success from people fighting back against unjust fines

And, following on from our section above, it does, in fact, seem like motorists around the country are waking up to the truth about the current system and how utterly ineffective it is and they are fighting back to change it.

Earlier this week, we were involved in putting the following article together with the Daily Mail Australia - http://www.dailymail.co.uk/news/article-3090650/Meet-man-got-fifty-speeding-fines-exploiting-loopholes-beat-vigilante-just-hoon.html

Not only has this ASF Member successfully challenged some fifty unjust and unlawful speeding fines, but he has also been awarded significant costs in his favour – even as high as one for an amount of $6,000. We spoke to David and it was really interesting to see how he looks at things so differently to most motorists. Most people are just happy if they can successfully have a fine withdrawn yet he believes it as a failure if he doesn’t get a four figure payout for his trouble – just imagine every motorist started treating the system like that!

The other great thing about this article is that we finally got the mainstream media to refer the fact that the government constantly claims that fines are not about revenue raising and they further claim that speed cameras and the like cause motorists to slow down so, why then do the governments budget in a certain amount of revenue from fines each year – surely, if fines really were the deterrent that the government claims then their budget would be zero! 

The additional comments about having no right what-so-ever to call speed cameras “Safety Cameras” is 100% correct. If we started claiming that our e-book will “save your life” we’d be shut down in a heartbeat yet they get away with it every day.

There are some really great points in that article for motorists who are just starting down the path of learning about their rights in regards to traffic fines, to read up on and, obviously, for those who are ready for more detailed information, be sure to join up as a Member and grab a copy of the e-book that is mentioned in that article, via this page -http://www.aussiespeedingfines.com/pages/E%252dBook-Membership.html

- Everyone can claim costs for unjust and unlawful fines

Further to the brilliant article detailed in the section above, one of our Members has sent us through some excellent information confirming that everyone has the right to compensation when they successfully challenge an unjust and unlawful fine.

Section 64, Sub-section 2 of the Transport Operations (Road Use Management) Act 1995 clearly states that, “A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under a transport Act, including, for example, in complying with a requirement made of the person.”

You can download a copy of that Act via this link - https://www.google.com.au/?gws_rd=ssl#q=transport+operations+(road+use+management)+act+1995 – and you will find Section 64 on page 120 of the document or page 122 of the pdf, so you can print that page out and take it with you to court whenever you are challenging your next fine.

And, yes, this is QLD legislation but there will almost certainly be equivalent legislation in your State and, if there isn’t, be sure to refer to sections 117 and 118 of the Commonwealth Constitution, which dictate that full faith and credit must be given to all Acts in each State and a resident in one State cannot be discriminated against because he/she lives in that particular State and not another – ie. you can rely on the legislation of any State in any other State, if it benefits you to do so.

As we have said more times than we can count, the only way that we’re going to bring about some real change is by hitting the government where it hurts – in their back pocket. The first step is for motorist to stop blindly “paying up” which already seems to be happening in QLD and that is great news. But, the next step is to start blowing out their costs. As it is, it already costs them thousands of dollars to run each and every prosecution but if every time you win, you also claimed additional costs, over and above what it already costs them to pursue these ridiculous fines, then they will really get the message and be forced to start changing things!

- The “next” level, for those who are ready

As we promised at the start of this e-mail, all the news this week is really positive and our last story is going to blow you away. Now, this is not for the faint of heart, this is really aimed at our Advanced Members but it is certainly something for all motorists to keep in the back of their minds and aim towards.

We were recently sent a brilliant You Tube video of a man in the US who actually pulled over a police officer, made him identify himself and then informed him of the law and warned him that if he didn’t alter his behavior, he could be fined or even arrested – the officer’s face and responses are pure gold - https://www.youtube.com/watch?v=ZaQyiIizgU8

Now, what is so powerful about this video is that this guy does this so calmly and clearly that this officer is never given a reason, or an opportunity, to “have a go” at this guy. He retains full control of the situation throughout the entire encounter, he is firm but fair and he completely turns the table on this officer and does to the officer exactly what they usually do to motorists.

We need to remember that the police are public servants – they exist to serve us. Now, we don’t say that in some egotistical way or anything like that, but it is the same as any other person or group that we employ to do any task or service for us. If you employ a mechanic to fix your car then you expect them to make repairs that are in our best interest. You expect a medical professional to perform medical tasks with your best interests at heart (and no, we’re not suggesting that they always do that, we’re just making a point here) and, police officers are no different – they are there to serve us. So, if they are not truly serving you or, worse still, they are in breach of some law whilst conducting their duties, then you have an obligation to calmly and firmly but fairly explain that to them and they have an obligation to take those points on board.

We reported a few months back about the police that tried to sue the Victorian Government, only to be told that they are not “employed” by the government so they do not have “government protection”. So, if they were to “arc up” or act inappropriately to any suggestion you might make to them – that was in accordance with the law and their duties – then you have every right to take legal action against them for compensation.

The police are just humans and they are accountable too, as this article proves - http://www.couriermail.com.au/news/queensland/seven-queensland-police-officers-stood-down-in-may/story-fntwpug1-1227362757453  It is our role to hold them accountable and, if everyone did this, things would change very quickly!

- Latest Testimonials and feedback

And, as if all of the above wasn’t enough good news, we have some more positive reports from Members who have successfully used our information to challenge their own unjust and unlawful fines.

The first is from a Member who was being threatened with licence and registration suspension for unpaid fines. Here’s what he had to say:

Hey team,

Just had a small win with the Fines and Enforcement Unit here in SA. We received my wife’s rego renewal and they are going to suspend her license and stop her from registering her car.

I had been using the “Return to sender” strategy with them for 3 fines – 1 was a fine which we had paid off or at least thought we had. We missed the final payment of $25.

2 of the fines were from the local council. I’ll come back to these.

For the missed payment of $25 they had added fees and charges – an additional $375!

I challenged this by conditional acceptance – we would pay the fine and additional amounts on proof of:

Legislation compelling mail to be opened
Legislation forbidding the return of unwanted mail
Proof that the Fines and Enforcement Unit were not a private business registered to a lady named Theresa Kennedy and trading as a sole trader. (ASIC website shows the Fines and Enforcement Unit are a private business!)

We received an email back stating the team leader had decided to waiver the additional fees! So we paid the $25 and emailed them the receipt.

When we called the Fines and Enforcement Unit about these fines I said I’d elect to go to court and was told this is no longer possible. Then I filled in the payment plan papers and noticed a little line – “by electing to enter a payment plan you also waiver your right to elect to be prosecuted”. So I killed the payment plan option and am now appealing the other 2 fines.

I had used the 3 letter process with the local council and through non-response and non performance gained an agreement. Now with the appeal with the fines unit I’m expecting them to throw the fines straight back to the council. I’ll update you on completion :)

I’d NEVER have even attempted this without your ebook! I refuse to pay any fines now. Thank you for giving me the balls and resources to fight the thugs!

Cheers,
Wayne – S.A.

We also had another interesting e-mail from a member who reported back some very interesting points from a court case she attended.

Hi Guys

Well I went in, court Mention today. I had a big affidavit that I had prepared but I didn’t bring it out….of course….

There were heaps of people there all trying to get permission to drive due to hardship, so they had all run out of points….a crazy scenario.

There were a couple of interesting interchanges between the magistrate and the prosecution.

One was about an infringement that had been returned to sender. No note- just marked on the outside.

Magistrate said they couldn’t send it to SPER because it had been “returned to sender” even though the prosecution was sure that the address was correct. They were told to send it back to TCO and have them reissue it…. so that was interesting.

Then also, the 12 months thing is only IF people refer it on, and it keeps getting referred on. In other words, the round robin WORKS! You just have to keep it up for 12 months.

So then came my turn.

She asked my name and I fumbled again…. then she said- do I want it heard, if not she will just schedule the hearing and be done with it….so a threat I guess. Then she asked how I plea- I said I enter no plea because I have no cause to answer because it is already a year old.

She said she would enter a not guilty plea and the date for hearing was set….then I piped up.

I said but you cant because it is passed the statute of limitations. She said that the policeman- Colin John Parry- declared it came to his attention on 3 March and under section 62 of transport operations blabla……..

Then I said. “So is this a personal thing between him and me or is it Qpolice, because if it is Qpolice then they have had it for over 12 months.” then everything changed. She told me I might have something, and she looked up her big books.

She asked me if I put in a court election, I said no because I don’t use their paperwork, but I told them repeatedly that IF they had a “cause of action” that I would go to a court of competent jurisdiction, Chapter 111 Jury court.

Then she sat back and had a think….. Then she announced she wanted him to prepare an affidavit explaining why it took so long. So he has 6 weeks to prepare his affidavit/ or withdraw.

She said she would like him to withdraw, because 8 months is too long…..

She even smiled at me, and the prosecution lady was really polite….

And they took down my email address so that they could notify me if he withdraws…..

I asked her if I needed to prepare anything, did she want my letters….She said No…I don’t have to do anything- it is up to them to explain themselves.

So, fingers crossed, this one is a win……

Cheers,

Brandi – QLD

And, finally, we had feedback from another Member who successfully managed to drag a case out for 18 months and not only had the fine waived but also admitted that he earned far more in that time by being an affiliate than the original fine would have cost him anyway so it was a double win.

Please read his e-mail below and be sure to join up as an Affiliate yourself - http://www.aussiespeedingfines.com/pages/Affiliates.html - if you haven’t already done so.

G’day guys,

Well, I went to court on Monday. The police spent almost 90 minutes presenting their ‘evidence’. Dozens of pieces of paper certifying that the speed camera was correct, that the police officer was authorized under the Act, and all the rest of the rigmarole they go through to try and justify their daylight robbery.

Then I got up and told the magistrate that I am a Vietnam veteran and that I was not driving the car. I produced a Stat Dec sent to me by the Indian who was driving my car. I also produced a print out from the Department of Veterans Affairs showing that I was logged in at the gym about 5 kilometers from the site of the alleged offense at the time.

The Magistrate would not accept either document into the evidence, as he said the driver must be in the court room. As my driver was in India, there was nothing he could do.

Then the policewoman started grilling me. During this amazing performance she repeatedly asked why I didn’t state categorically that I was not driving on the Stat Dec I submitted within the mandatory 30 day period after receiving the fine notice. As I pointed out, I wasn’t sure who was driving the car at that time. I wasn’t even sure if I was driving. However, after further investigation I found out that I was at the gym and eventually I found the Indian friend who was driving my car at the time. She asked why I could not remember where I was on the day, and I pointed out that I have a poor memory (I am 67 after all!) and the shock of receiving a speeding ticket confused me. I had no recollection of getting pinged for speeding.

When I was finished giving evidence the Magistrate took a 10 minute recess to “go and do some research”. I think he was looking up the Act to see if there was a time limit to submitting a Stat Dec, and if the court could accept one from my Indian friend.

When he returned he explained that the Act is very specific. The SD must be submitted within 30 days (in Qld) and I should have stated that I was not driving the car at the time and nominated the actual driver.

As I had pointed out repeatedly as I gave evidence, I couldn’t do that, and I wasn’t going to lie on a Stat Dec, he said it was unfortunate but he had to administer the letter of the law.

Then came the sentencing phase. He convicted me of speeding, but then said that he believed my version of events and therefore he WAIVED THE FINE!

I want to thank you for your support throughout this saga. It is finally closed after more than 18 months of dragging it out through the court system while I did the research to back up my defence. I really appreciate the support and advice you have given me along the way. You guys have been great.

But what is really fantastic about all this is that when I first approached you I signed up as an affiliate. Since then, I have earned much more than the fine would have been…enough to buy a new laptop! Fantastic. Keep up the good work.

Cheers!


Mike – QLD

Please remember that there are plenty more e-mails like that on our Testimonial’s pages - http://www.aussiespeedingfines.com/pages/Testimonials.html - and many of you will note that our old page has now grown to four full pages and continues to grow because we regularly receive stories of success, just like this, from our Members.

- Facebook group, bumper stickers and business cards

So, now you can see how powerful the Aussie Speeding Fines information is, what can you do to help us get our invaluable, licence saving information into the hands of every motorist beforethey get a fine?

First and foremost, if you’re not yet a Member or you know someone who isn’t then please go to our Memberships page - http://www.aussiespeedingfines.com/pages/Memberships.html - and join up now.

Please note that E-book Membership - http://www.aussiespeedingfines.com/pages/E%252dBook-Membership.html – is what you will need to access the step-by-step strategies for defeating your fines and Advanced Membership - http://www.aussiespeedingfines.com/pages/Update-Membership-%252d-new-Members-area.html – is what will allow you to access the most important sections of these regular e-mail updates, all in the one easy-to-read website, as well as breakthrough techniques and strategies that have not yet been incorporated into the e-book.

Then, if you would really like to help us spread the word and get our invaluable, licence saving information into the hands of every motorist in the country, then please be sure to join and/or visit our Facebook group and get your friends to join as well. We now have a direct Facebook link on the top right hand side of our Home page or you can just use this link-http://www.facebook.com/groups/19117918208/

And, if you haven’t yet done so, please spare 10 seconds to click “like” on our fan page - http://www.facebook.com/find-friends/browser/?rpix=1#!/pages/Aussie-Speeding-Fines/433275636708829 - we have well over 6,000 Members on our Group page but only just over 1,000 “likes” and we really want to raise that to be on par with our Group numbers ASAP.

Many of you will have also noticed the Paypal “Donate” button just above the Facebook link. The team at Aussie Speeding Fines work tirelessly day and night, 7 days a week, answering everyone’s e-mails, continually researching to find new ways to defeat unjust fines and preparing these weekly e-mail updates. So, any financial support you could offer, no matter how small, is always very much appreciated.

And finally, if you really want to help make a difference, just e-mail us your postal address and we will send you out some business cards and/or bumper stickers – completely free of charge – that you can then place on your car/truck/van and/or hand out to friends, family and work colleagues.

As always, we thank you all for your continued support and we appreciate all the Members who have taken the time to e-mail us with the latest media article they come across as well as their stories of their success so please, keep them coming!

Stay safe out there,

The Team at Aussie Speeding Fines

www.aussiespeedingfines.com


Aussie Speeding Fines

P.O. Box 7322
Beaumaris, Vic.
3193
AU

info@aussiespeedingfines.com