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I received a parking citation and am going to promptly refuse it. However, where do I send it back? I saw Richard Earl sent it to the Chief of Police in his district. Do I send it to the Chief of police, or to the address listed on the presentment? Should I use certified mail, or a process server?
For me personally I would send it to the address on the citation, this has been my successful method. I have even had the traffic court commissioner hold up my "Refusal", showing it to me and asking, "Remember this?"
Sometimes these citation receiving facilities are large and automated so I would consider addressing specifically to alive human such as the CEO, Director, etc. depending who is in charge there.
So even after you refused, you still had to go to court to defend your refusal?Quote:
Originally Posted by EZrhythm
I'll do some digging, it's just an ordnance division in my local town so I'm sure the head of it will be listed.
I had success once by getting the parking ticket officer initial my R4C on the ticket. But I caught up with him down the block. I think that is the only time I had success with parking tickets without an evidence repository. The evidence repository shows that you have the "exclusive original cognizance" of the United States government.
I have always had an evidence repository for parking tickets. I believe once the address was in California, for a parking ticket in a Colorado mountain gambling town called Cripple Creek! I never heard anything more on that so I guess that was good R4C process.
A good evidence repository is great for any R4C. You are threatening a cash cow so if this goes south consider setting up a LoR, evidence repository and get a default judgment (signed by you) published in your favor. You can use that for all R4C's and show that you are keeping a record - being the court of record.
Mostly though, if this gets nasty just pay up and learn more about the R4C and LoR process.
I already have a misc case file at my local U.S. District Court, is that a good evidence repository? I set it up to record my Notice and Demand for my credit union.Quote:
Originally Posted by David Merrill
It was for a misdemeanor in which bail was posted and an evidence repository was not used. The misdemeanor was dropped even after they had served a false complaint.
i only tried it once and it worked with a parking ticket,
i read over every word on the ticket carefully looking for the escape,
and sure enough i found one,
there was some words on it stating that if a voluntary payment was made in three days that the fine would only be $25 instead of what it had listed on it, can't remember how much it stated something like $75,
so i sent it back saying that i don't volunteer for anything that they have to offer,
they sent me a letter saying that i have a one time exemption from paying,
so i kept the letter because i look at it like that is the only time they will send me that letter (one time) and i will use it all the time for parking exemption,
the streets are public right?
so how can they charge the public to park on them?
the public owns them,
i think we are looking at tickets all wrong,
what is a ticket?
if you had a ticket for an event does not that mean a "card or piece of paper that gives its holder a right or privilege"?
so for an event this would mean you have the right to enter the event,
http://thelawdictionary.org/ticket/
In contracts. A slip of paper containing a certificate that the person to whom it is issued, or the holder, is entitled to 6ome right or privilege therein mentioned or described; such, for example, are railroad tickets, theater tickets, pawn tickets. TICKET 1155
for a parking ticket it has a monetary value attached to it, it is a debt obligation, debenture,
http://www.investopedia.com/terms/d/...#ixzz2ChF29NFt
Definition of 'Debenture'
A type of debt instrument that is not secured by physical assets or collateral. Debentures are backed only by the general creditworthiness and reputation of the issuer. Both corporations and governments frequently issue this type of bond in order to secure capital. Like other types of bonds, debentures are documented in an indenture.
'Debenture'
Debentures have no collateral. Bond buyers generally purchase debentures based on the belief that the bond issuer is unlikely to default on the repayment. An example of a government debenture would be any government-issued Treasury bond (T-bond) or Treasury bill (T-bill). T-bonds and T-bills are generally considered risk free because governments, at worst, can print off more money or raise taxes to pay these type of debts.
the holder of a ticket has a privilege backed by the general creditworthiness and reputation of the issuer.
what is this privilege of a parking ticket?
the only thing i can see is the face value of the ticket,
now how can one access this privilege?
cashing it in maybe?
in canada (the jurisdiction i deal with) the "bank of canada act" states:
BUSINESS AND POWERS OF THE BANK
Marginal note:Powers and business
18.*The Bank may
(c)*buy and sell securities issued or guaranteed by Canada or any province;
(g)*for the purposes of conducting monetary policy or promoting the stability of the Canadian financial system,
(i)*buy and sell from or to any person securities and any other financial instruments — other than instruments that evidence an ownership interest or right in or to an entity — that comply with the policy established by the Governor under subsection 18.1(1), and
(ii)*if the Governor is of the opinion that there is a severe and unusual stress on a financial market or the financial system, buy and sell from or to any person any securities and any other financial instruments, to the extent determined necessary by the Governor;
Bank Act
“security” means
(a)*in relation to a body corporate, a share of any class of shares of the body corporate or a debt obligation of the body corporate, and includes a warrant of the body corporate, but does not include a deposit with a financial institution or any instrument evidencing such a deposit, and
(b)*in relation to any other entity, any ownership interest in or debt obligation of the entity;
Securities Act
security"*includes
(a)*a document, instrument or writing commonly known as a security,
(b)*a document evidencing title to, or an interest in, the capital, assets, property, profits, earnings or royalties of a person,
(c)*a document evidencing an option, subscription or other interest in or to a security,
(d)*a bond, debenture, note or other evidence of indebtedness, share, stock, unit, unit certificate, participation certificate, certificate of share or interest, preorganization certificate or subscription other than
see what i am getting at here?
Quote:
so i kept the letter because i look at it like that is the only time they will send me that letter (one time) and i will use it all the time for parking exemption,
I like the way your brain works!
I CERTAINLY DO TOO!Quote:
Originally Posted by David Merrill
..Although you spent all that effort typing up about what appears to be a "ticket' when actually they are a NOTICE defined by UCC 1-201.
http://www.law.cornell.edu/ucc/ucc.table.html
And we go into traffic court not knowing we are under Maritime Law. This is why we don't get a jury trial for infractions anymore.
We have taken the time and time again Common Law issues into courts of admiralty and wondered why our substantive constitutional rights were not upheld and respected by the courts.
Under Common Law the rights of privacy are respected, aboard the ship of the credit voyage there is no privacy.
Maritime Law in the credit voyage we deal with bills, notes, cheques, and credit, credit cards and fictitious documents known as stocks and bonds &c.
Under Common Law you have personal rights and property rights, there are no personal or property rights in the credit voyage.
In Common Law we are totally responsible for our actions, under Maritime Law there is limited liability for payment of debts.
i went through that section but can not find any definition of ticket or notice,Quote:
Originally Posted by EZrhythm
what am i missing?
i found this about UCC 1- 207 while searching the net for UCC ticket definition which is interesting and seems like a good one for you America's.
http://www.youtube.com/watch?v=Q4GlFeyncco
My mistake, should be 1-202.
Mr. Merrill you mentioned for example if you have a parking ticket you file your evidence repository in the court of Record. In my case the court of record in texas would be the Municipal court. but lets say i am being sued for $300 i would file for evidence repository in a Justice Court which have exclusive jurisdiction up to $5000.00 (might have changed) . i am assumming this is what you mean? am i correct? Franco
Quote:
Originally Posted by David Merrill
That's bad ass, well done !
Quote:
Originally Posted by Franco
I hope you get this after the delay.
The evidence repository can be street lamps or trees and fences. Post notice. I have used that before - the Library, County Clerk and Recorder, Courthouse, the main Church for the politicians, and the Post Office. I photographed the notices and pulled them all down on the eleventh day. They all stayed up for the entire ten days by law and on the eleventh day the clerk of court pulled down the one outside his office window before I got there and responded through the clerk and recorder.
Then the county attorney issued a gag order on him. - Informal. The clerk called it a gag order first when he was still rattled but toned it down to, The county attorney has advised me to cease communication with you.
My point being you using the justice court in a state that was properly in the Union prior to early 1861 would be very clever and I bet very effective too.
Quote:
Originally Posted by loveunderlaw
Thank you!