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Not any time, least of all in a time of war, deception and struggle, people should not be inflicted with cruel and unusual punishments or have excessive fines imposed. Read in to learn more and take back control.

The approach to handling fines is varied. It can be quite emotional, conflicting and turn complex depending on who you are and what you know. The issues surrounding affordability, the reasonableness, proportionality and fairness about the issuance of the fine, plus a whole lot more. Whilst many people ignore them, elect to go to court or even pay them, often at the expense of families suffering harm and deprivation, the option of countering the offer[fine] also exists and certainly maybe the quickest and best option giving you the greatest control, certainty and peace of mind.

Upon receiving any fine the first thing to do is ask yourself, is there a legally binding and enforceable contract, between you and those mentioned in the notice of demand [fine].

Automated traffic camera, toll, parking meter and other notices where there is no meeting of the minds, consideration or performance cannot be regarded as an enforceable contract, hence people are entitled to ignore, set aside or bin them. Accordingly, these are often referred to as rubbish fines.

However, when it comes to a police officer[witness] issuing you a fine, which is mostly in written form directly given or sent via mail some time later, an assessment of the exchange is required as per the options in the opening paragraph. If you decide to counter offer, it needs to be mailed to the officer c/o his station and dated within three (3) days of the date you received it. Keep the counter offer simple and clear as possible. What you are actually creating is a record of the agreement that can be evidenced if required at some later date.

Now, what to actually counter offer with depends on you and may take some thought. As a guide, make it an amount you can afford, you feel is proportionate to any alleged offence and you feel is fair and reasonable in the circumstances. It may also comprise of a non-monetary contribution such as voluntary work for the community.

Example letter:
Your name & address
Date ie. 20 June 2022
Infringement no

Dear [name of Police Officer]

I refer to your paperwork received [date received]. To settle this matter I offer $XX. If I do not hear from you by 6 July 20221 I will take it you have accepted my offer and will subsequently make payment, serving as full and final satisfaction.

Your name
Your mark in blue pen

Ensure you:
1) keep a copy of the letter and postal delivery details
2) pay the amount you counter offered after the 2 week period.

As it appears the officer has no statutory power to respond with any counter offer, no counter-offer to your counter-offer should be forthcoming. If making a payment to Fines Victoria you may have to enter 09 prior the infringement number so you can insert the payment you wish to make, not the prescribed amount in the infringement notice.

Also, some weeks after you have made payment, you may receive a reminder notice re the original infringement notice. If so, contact FV via email/phone stating payment was made pursuant to agreement made on [Date on your letter]. They may request you forward a copy of the agreement.

In summary, the Police Officer [agent of the State] has alleged an infraction by you against the State, hence you must settle with your brother [Police Officer], fast. The counter offer and tacit agreement administrative process is a common and preferable way to settle a matter privately without the need to raise a controversy in a public court.

That's it. Share your queries and experiences in the comments below. This is for educational purposes and not intended as legal advice.

1 a date at least 14 days after date at top of letter affording the officer a reasonable period of time to respond. It is important to be fair and show good faith.

    By:Brett from NSW, Downunder on July 1, 2022 @ 8:13 am
    Counteroffer with offsetting any fine amount of your damage bill to the state for the past 2 years of their lies, harm and breach of trust

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