Toll Roads – Should you have to pay ? … From Bob …
Here is some of what I have sent back to all three.
Dear Mr.No Name – To whom it may concern,
Firstly why have you not replied to my letters 9th May, 17th May and 20th May – why have you not paid the money I requested $253.58 in my letter 17th May ? Why have you not answered my questions in my very detailed letter 20th May? Now I am asking for the cost of this letter a further $250 i.e. Total $503.58.
In April you sent me a toll notice for doing something I don’t know about “The toll for the above trip was not paid” Date & time of trip 21st Mar 2018 15:11. Where exactly does that “Location – Pennant Hills Rd E/B” start and where does it end? When I reach that point can I stop, do a “U” turn or take an alternative route? The Currency Act 1965 is a Federal Act and therefore overrides any conflicting state laws. So if the Toll Operator has not provided facilities to collect such “coin of the realm” at the entrance to a toll road, then the Motorist can consider that the dept is “forgiven” and he can proceed to drive on that toll road for free.
I also notice that the Notice is not legal as it was dated but did not have an address let alone a physical address and was signed by no one. (Mr. No Name) I believe (Financial Ombudsman Services) for a document to be taken seriously it must be dated, have a Physical Address and a legible signature. At the same time I opened my mail (8th May) I received an another “Final Notice for Non Payment of Toll). This letter had absolutely no return address. I had to get a friend in to find your address on the computer and finally spoke to a girl called “Pawan” in Dubbo – when she answered and I asked for return address she would not tell me – so I rand again and got a different girl who told me “Locked Bag 5072 Parramatta 2124. I noticed the envelope had a different address “Locked Bag 5004” – I again checked with RMS and they told me “Locked Bag 5070” it’s hard to believe that 3 different girls on the same number 132213 give you 3 different addresses – so I have chosen 5072 to be consistent, with my own letter of Demand for $253.58 to cover my stress, trouble, administration fee, my postage, envelope and your privilege of illegally finding out my name and address. I again demand you pay me the $253.58 plus another $250 for this letter – i.e. Total $503.58.
And finally I wrote…..Also on the 20th May I sent your company an eight page very detailed document outings breaches of my privacy and demanding money off me with menace – I waited the 30 days I was required to allow you to reply – as yet no reply just another “Final Toll Notice”. Since no real reply I have sent the correspondence to the “Office of the Australian Information Commissioner”. They have the decency of acknowledging receiving my mail. I demand you pay me $503.58 in my notice or take me to court. I am willing to state my case in Court.
So bring it on.
Since then, Bob has badgered Queensland Motorways, Queensland Transport and the State Penalties Enforcement Registry (SPER) with hand written letters outlining his “constitutional right” to pay with actual money at the location of the charge.
“I was willing to pay toll fees in gold and silver coin as per the Australian Constitution, chapter V, the states, section 115 – ‘A State shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts’,” he quoted.
“But the Queensland Motorways no longer have the facilities on the actual toll road for me to pay the toll in gold or silver coin.”
In September 2012, Queensland Motorways dropped its court case against Mr Jarvis for his outstanding fines, even though a hearing date was listed.
However, he continued to receive new fines to which he responded with more letters repeating his position.
The notices stopped in June last year even though Mr Jarvis has made numerous trips to this day from his home in Noosa to the Gold Coast.
Queensland Motorways was sold to a consortium by the State Government’s investment arm QIC in April this year.
On the 27th, they responded (see attached) with a first -time forgiven letter and cancelled the toll notice – Nothing first time about me – so I have now written back with a demand for payment to me for my time and stress – see above.