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  • Class Action Against Unfair Fines: When Enough is Enough
  • 03/03/2014
  • Contributed by: Bewitched ( 29 articles in 2014 )
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City of Melbourne has claimed yet another scalp and victim with it's outlandish parking fines or has it?

Barely a few minutes past the expiry time, the parking officers 'like bush blowflies to cow dung' lunged upon the motor vehicle with a $72 infringement and green sticker to remind the motorist to "avoid extra fees, please action within 28 days".

While for many it's easy to lose track of time or be held up in life's natural flow and biorhythm, for some, their cognitive functions don't assimilate well with time and order, like creative souls for instance who are more dominant in the right side of the brain.

So should legislation discriminate against these types of people? Of course not, but it does, and that's just the tip of the iceberg.

What is happening with this unfair and ungodly cash grab by the state in Melbourne, Adelaide, around Australia and other parts of the world?


Paying a parking fine in coins (3:28)

More stress upon the people is accumulating by the hour affecting a person's health, marriage, family, workplace and in community settings with the fabric of society tearing everywhere.

Are these the sort of stress triggers that can send people psychologically over the edge, perhaps committing acts of harm to oneself or others?

Perhaps even more crime is perpetuated from this excessive and unnecessary stress, justifying to a few the need for more legislation and restrictions, sending the health of the community into a perpetual negative spiral. Countries like the US have extremely high statistics such as 77% of people who regularly experience physical symptoms caused by stress.

While a 2013 report from the Australian Psychological Society (APS) only indicates 26% of Australians reported moderate to severe levels of distress, in Australia mental stress costs businesses more than $10 billion per year, so clearly something doesn't quite add up.

However, the real question is do people really need any more stress from silly bits of paper called Infringements?

Fines and more taxes which is really what infringements are in essence, simply cause harm and injury to people. Save, of course the fat cats like the Salteri family, managers and benefactors of the Infringement system, who make hoards of money for their companies and associates who get their palms greased to allow such an abhorrent system to exist.

As if we don't already have enough stress in the workplace, home life and on the roads with people beeping their horn for the slightest aberration, like not taking off at the green light by more than a second. Sheesh...

A few minutes over a parking meter time limit is not a crime! My goodness, has everyone gone stark raving mad? If anything, it's the claim and force by the State and third parties who profit from such draconian measures in a bid to raise revenue for a selected few and their mates. Plus, these harmful and unnecessary revenue tactics are certainly not benefiting the collective good of the people but rather harming them.

So what can be done — is there a proper remedy for such abhorrent restrictions on the rights and freedoms of people? Perhaps, like a set of continual class actions repealing and nullifying every bad piece of legislation out of existence, taking back Australia for the common good of the people, away from tyrants, foreign and simply pecuniary interests?

Well, I think many people who have been affected are doing their bit of resistance in their own unique way. The Federation of Community Legal Centres (Financial and Consumer Rights Council Inc.) have lodged a submission to the Sentencing Advisory Council on behalf of the disadvantaged and many small resource organisations who wear some of the burden from assisting those who have been unlawfully and unfairly caught up in this perpetual crime of a small power base of a selected few to steal from people, in broad daylight, under the worn out and non existent excuses of safety and it being lawful.

Court Fines and Infringement Fines Project Submission of the Infringements Working Group

Also, people in California have certainly had enough and are fighting back at corrupt legislation with a class action as evidenced in the video and links below.

So come on all Australians fight back, stand up and exercise your god given rights ensuring that the Commonwealth of Australia is exactly that — for the common wealth of Australians!

Related:
»Ticket Fines a Sham
»Why All Fines Should Be Fought - Ex Police Sgt
»Illegal Fines - Aware Australians Fighting Back

L.A. Residents Launch Offensive Against Parking Tickets



Sources:
http://www.activistpost.com/2014/03/are-excesssive-parking-ticket-fines.html#more
http://www.laweekly.com/informer/2014/02/26/are-las-insane-parking-tickets-unconstitutional-federal-lawsuit-says-yes
http://www.statisticbrain.com/stress-statistics/
http://www.safeworkaustralia.gov.au/sites/swa/media-events/media-releases/pages/mr08042013
http://www.psychology.org.au/Assets/Files/Stress%20and%20wellbeing%20in%20Australia%20survey%202013.pdf

10 Comments:

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    10. By:mick from Vic, Australia on June 16, 2014 @ 1:25 am
    Update: An email was received back on 5 June 2014 from COW's Neill Hocking - Director Governance and Economic Development not only refusing to withdraw the fine but categorically stating "infringement was lawfully issued"... OMG isn't that line getting a bit tired, really.
    And that "we have responded to all the issues raised by you in previous correspondence". [Well, what a BIG FAT lie that was]. Will be great to hear how he deals with that if he was ever to jump into a witness box.

    View 4th response from COW

    Of course, seeing how I am an avid tennis player, I sent an email straight back on the same day including an acquiescence clause withdrawing the fine automatically by 14 June 2014, simply to help this council 'top dog' out with his pride, ego, lack of common sense and integrity. So much for being a credible Director of Governance!

    View 5th email to COW

    Although it would have been fitting for the 'top dog' to show honour and personally withdraw it himself, life doesn't always work the way we think it should. Stay tuned and let's see what comes in next...
    By:mick from vic, australia on May 30, 2014 @ 5:05 am
    Anybody for a game of tennis with the COW, which is now the Director Governance and Economic Development?

    View 4th email to COW
    By:mick from vic, australia on May 28, 2014 @ 5:12 am
    Well aren't the City of Whittlesea(COW) a determined council and wasteful lot. Instead of withdrawing an unlawful fine, so far they have decided to send out a fourth letter(five according to them) wasting more time and resources, a value greater than $72 I'm sure. Yet, their refusal to provide particulars and answer questions put to them in writing (3 emails) only reaffirms the fraud. Further waste by the COW will include the costs of a claim in response to the harm they have caused. I wonder how the ratepayers will feel then.

    As for the good wrap for the Councillor in my last post, he shrunk away when I requested we meet for coffee. Hmmm...

    Anyway, as you will see in the letter below we now get a letter from a person with a name. There's cause for a celebration. Plus we now have the title of Director Governance and Economic Development in play. I wonder how far he will continue this charade and whether he believe he has authority over another.

    View 3rd letter from COW
    By:mick from vic, australia on May 16, 2014 @ 10:50 pm
    Continuing the exposure and saga, in response to the below letter(COW Review2 Letter), again without a signature and ignoring questions and in Breach of Trust, the following email was sent to the Mayor & 9 Councillors, all of which only 1 councillor has had the courtesy to show respect to the people by at least making contact. Yes, the Mayor and other 8 Councillors are an absolute disgrace to be sure.
    View 3rd email to COW Mayor & Councillors

    What all this highlights to people is that councils, governments and politicians, in general, don't much care about the people. They are not fulfilling their role of public servants, are secretive lacking transparency and full disclosure. Many of those in public office have breached the trust that has been entrusted to them by the people. All corrupt public officers acting in the capacity of public trustees need to stand down or be removed!
    By:Mick from Victoria, Australia on May 9, 2014 @ 9:21 pm
    Yep, as expected, another stonewalling effort and denial by the Whittlesea Council to come clean and admit they don't have any any power, jurisdiction or a constitutional right to exist. Let alone issue infringements and bogus claims, and then attempting to justify validity under some state statute which don't apply to non government agents, yep normal god created human beings like you and I. Not that a review was sought or another decision if you like, no, instead they were given instructions with which they failed to comply. What was sought were answers to questions and evidence any person is entitled to receive, especially someone who has had a claim made against them.
    View 2nd letter from COW

    Basically Whittlesea Council in Victoria Australia is not only unconstitutional, illegal and corrupt, it's abuse and harm to the people will not be tolerated. This matter will be prosecuted to the fullest extent of God's Law and man's law to extinguish this tyranny upon it's people. People must wake up, stand up, stop being fooled by this tom foolery and simply say NO to them constantly breaching the law! If people fail to exercise their rights they will lose them, it's that simple. Furthermore, the Australian apathetic way of life must change, where leaving all the hard stuff to just a few people needs to change.

    Anyway, the saga continues...

    If others are having the same problems or have solutions, would like to hear about it, so write a post or contact F4Joz who will pass it on. Cheers
    By:mick from Victoria, Australia on May 2, 2014 @ 2:15 am
    In relation to the below parking fine saga, in late April 2014 a Review Letter from the City of Whittlesea(COW) failed to withdraw the fine or answer pertinent questions (totally typical and predictable of unlawful, revenue driven and abusive institutions who pretend to have power over you). Just like in a game of poker they hold no cards yet bluff their way through fooling most people. Ironically, they defend their criminal abuse against honourable people like us with funds from revenue raised from unlawful Rates payments and Fines collected. Talk about a cosy protected mafia racket. Hence, it is extremely important everybody refuse these unlawful demands and claims at every instance, and stop paying these illegal fines. And just remember, every payment you make not only validates to themselves that what they're doing is justified, but their power and abuse will continue to become stronger and more widespread robbing people of their livelihood and birthright to be free and peaceful. They will keep stealing from you and your families; they don't care. This no joke, simply say NO! NO! + NO!
    View 1st letter from COW

    Upon receipt of their review response the below email was sent them on 1/5/14. Now let's see what happens. "For evil to prevail, good men need do nothing".
    View 2nd email to COW

    By:Mick from Victoria, Australia on April 5, 2014 @ 9:06 pm
    Received another parking fine the other day, this time from the City of Whittlesea. A different approach was taken this time, in contrast to a bit of defend/justify, many questions were asked of the COW plus it was on the offensive in readiness for a claim against them. There is no real right or wrong just what comes up at the time and it's good to have a bit of fun with it. Eventually it would be ideal, to have a standard response of say just one paragraph or one line that will do the job. Will keep you posted as to their response.

    If anyone has any suggestions, tips on the law, experiences, comments or predictions it would be great to hear from you.
    View 1st email to COW
    By:Mark Harold from Victoria, Australia on March 19, 2014 @ 9:43 pm
    Thanks man for this. Got done just the other day. Will put it to the test. Its not right what they do.
    By:Mick from Victoria, Australia on March 5, 2014 @ 1:25 am
    A class action sounds great to me. Plus can anyone tell me if there is any one way for the ordinary punter in the street to nullify parking and speeding fines, and any fines or claim really made against you by the state?

    There seems to be no rhyme or reason why some people send a letter(sometimes stupid) and get let off, while others don't. The consistency is not there, and whether that is deliberate I am not sure.

    Anyway, just addressed a parking infringement to the City of Melbourne, with a range of points weaved throughout. Ignoring it would be fine, pardon the pun, as I have no assets from being fleeced from divorce and I know I am a higher power as man than govts or corps as fiction. However, with the illegal racket and force behind wheel clamping and denial of registration (which may not be a bad thing if we all de-registered our cars), extra fees and force etc, I don't believe ignoring them is always a sensible path.

    So what does one do?

    I thought I'd throw my parking fine response letter(link below) up on F4J to help others and hoping others will do the same so we can all work together and combat this crime of unfair revenue raising and stressing people's lives unnecessarily. When money gets tight people's tempers flare up and families break up. How wonderful - NOT! Whatever the outcome, we must all resist sending a clear message we are not paying to support corrupt legislation and rackets where the few prosper at the expense of the whole.

    Btw. When I get a response I will post it as well. Who knows, maybe we will be off to the Magi Court. Can anyone provide pointers as to how to best prepare a claim, so I can get some compensation for harm done?

    View my Parking Fine Response

    Here below is City of Melbourne's dismal response on 17 March withdrawing the fine, presumably one of many standard responses showing no sign of weakness or adequate response to particulars raised in my original letter. Clearly, their revenue is based on numbers from those who just pay up without any fuss. Clearly, the smaller percentage of difficult opposition are withdrawn on a financial basis of time, energy & costs exhausted in collecting revenue versus the gain from the initial fine. It could be said that it's all revenuenomics and spin.

    However, the main point is to OPPOSE and OBJECT to all bad legislation and injustice, or it will only come home to bite you later, and/or your kids.

    View City of Melbourne's Response
    By:Ritcho from victoria, aussie on March 3, 2014 @ 6:08 am
    damn bloody fines,,,their the ones who should be in jail.
    in one week i got 3 speein fines an couple parkin stubbs,,, I might as well not worked that week,, tis blooddy criminal what they get away with

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