If anyone else finds this useful, here is my “Clarification Letter”:
MyTown NSW PostCode
Date: WEEKDAY, MONTH DATE, 2022
Commissioner of Fines Administration
Revenue NSW on behalf of COUNCIL_NAME
PO Box 786
Strawberry Hills NSW 2012
Re: Infringement Notice XXXXXXXXXX
Thank you for your letter dated DATE MONTH 2022, in response to my letter to you of DATE MONTH 2022 (please see copy attached). It appears that you have somehow misunderstood the points that I raised in my previous letter to you, and you have proceeded to make a number of further claims in your letter, which I will address point by point.
1. In your letter to me, you wrote:
“We write in response to your request for review of Fine XXXXXXXXXX for ‘Park continuously for longer than indicated‘ on DATE MONTH 2022.
Outcome of our review:”
This is incorrect. I did not request a review of the penalty, I denied your claim, as is my lawful right to do so, and I stated that I am not willing to have anything further to do with this matter until you, COUNCIL_NAME and Revenue NSW provide a sworn Affidavit and supporting documentation that substantiates your claim that I have done anything wrong.
2. You also wrote:
“We considered the circumstances you presented. We also consulted the Caution/Review Guidelines, legislation and information provided by the issuing authority.”
The only things that are relevant to this case include valid legislation granting you the authority to make a claim of this nature, and evidence to support the truth of any such claim. You have provided neither of these.
3. You then wrote:
“Our investigations conclude the fine still applies.”
It appears that in making the above statement you have made a judicial decision on behalf of a court both without my knowledge and without my presence. Please provide a copy of your legal authority to make such judicial decisions on behalf of a court, as it is my understanding that judicial decisions can only be made by a court of competent jurisdiction. Also, please provide a certified copy of all the evidence that you used to arrive at the judicial decision.
4. You wrote:
“We note you believe you require proof to proceed with the fine, however we are unable to cancel the fine.”
This is a non sequitur. It makes no logical sense and in fact appears to be an overt straw-man argument. Your ability to cancel a fine has nothing to do with my reasonable request for proof to validate your claim, and since you made the original accusation the burden of proof rests entirely on you. Again, I request a copy of all the evidence you have relied on to make this judicial decision.
5. You then proceeded to write:
“Revenue NSW is authorised to issue fines and accept payment. Revenue NSW can also process statutory declarations, requests for review and court elections. Where fines are not finalised by the due date, Revenue NSW can also take enforcement actions.”
I note that the above statement omits a claim of authority to make judicial decisions and therefore I take that to be an admission that you have no such authority. I also note that the above claims are not substantiated with any references to legislation granting such authority, and are therefore hearsay.
6. You further wrote:
“We are satisfied the fine was issued correctly.”
I am not satisfied the fine was issued correctly. This is, again, hearsay and it is your word against mine and the burden of proof lies with you.
7. You then wrote:
“The issuing officer indicates vehicle REGISTRATION_PLATE was parked from STARTTIME to ENDTIME in a clearly signposted 2 hour parking area between 8:00am to 10:00pm Area PARKING_AREA permit holders excepted.”
In order to substantiate your claim, please provide evidence that:
a) the issuing officer had full and continuous visibility of my automobile at all times between STARTTIME and ENDTIME, and
b) the issuing officer has recorded proof that I did not make any trips during that time, such as for groceries, fuel, shopping or other errands and such, thus breaking it up into multiple periods of 2 hours or less, and that
c) such recording was taken on a device that has been legally certified to take such recordings and or measurements as relevant in accordance with the Australian legal units of measurement, as defined by the National Measurement Act 1960 (Cwth), and
d) the issuing officer used the device in accordance with the training manual and operators manual that relates to this device and that you adhered to all the guidelines for the use of this device in the state of NSW.
Notwithstanding the above points, I seek further certification that the offence “Park continuously for longer than indicated” as noted is actually part of a current, legal and valid law in the State of NSW. I will require certification that this law has in fact been legally enacted by the NSW Parliament in the Queen’s name as it is required to be enacted subject to the Commonwealth of Australia Constitution Act 1900 (UK).
Finally, I will endeavour to dis-charge the associated tax, conditional on the grounds that I receive from you the sworn affidavit and supporting documentation that substantiates your claim that the above documents do indeed exist. Upon receipt of these documents and certification, I will require further information from you as to how I am able to lawfully, constitutionally, meaningfully and conscientiously extinguish or dis-charge an alleged debt/tax in excess of AU$20 in the Commonwealth of Australia without breaching the Currency Act 1965, specifically Sections 9, 11, 16 and 22, considering that the highest denomination coin in common circulation in the Commonwealth of Australia is the AU$2 coin. Additionally, the conflict that exists regarding the face value of coins makes it impossible to value the Australian dollar.
I remind you that proof of said claim is required within 28 days from the date of my initial letter, that is 28 days from DATE MONTH 2022, otherwise acceptance of the Terms and Conditions outlined in that letter will be noted.
N.B. This document is to be used Without Prejudice towards the author. All rights reserved