Reply To: Court request letter – please help

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#21650
Jeff Davidson
Participant

If it was me I would send the private settlement agreement to complete the three steps
and because a summons has been issued even though you never requested a court hearing,
I would use the Default Notice & Court election templates as an inspiration for
what to say in the cover letter that I send with the private settlement agreement.

So I would basically say something like this:

(COVER LETTER)
Re: Infringement Notice 23456789

To ABC AGENCY,

I have previously written and tendered my Notice of Objection (see copy attached) to the
above-mentioned Notice.

As ABC and XYZ, being fully aware of the terms of my objection, failed to provide any documentary evidence in support of their claim within the time period specified, I then wrote and tendered a Notice of Default (see copy attached) putting them on notice that they had defaulted in respect of their claim and have
admitted and agreed to the terms of the objection tendered.

I again remind you that, as per the Notice of Objection and Notice of Default that were previously tendered, you have agreed to, amongst other things, to take no further action against the author in this matter and any Prosecutor and/or Magistrate/Judge would be in violation of their duty of oath if they were in any way involved with this matter being taken further.

Despite the matter having already been privately settled, you breached that agreement and issued a charge and summons.

Please consider this to be my written request to now have this matter determined by a court of competent
jurisdiction, being a court that conforms to Chapter III of the Commonwealth Constitution Act 1900 (UK) as confirmed by the High Court pursuant to the “Forge V ASIC” determination and is therefore a court in
conformity with the law and in respect to my Constitutional Rights.

Yours sincerely,