Police issued £80 FPN

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Police issued £80 FPN

Postby huntingross » Sun Nov 22, 2009 12:30 am

I had forgotten all about this......I helped a guy on TPUC....5 months ago on an FPN....the reply I helped draft included this

Also under the terms of the Consumer Credit Act 1974, the credit offer you have made to me, to pay this sum certain at a specific date in the future, allows me a cooling off period of 14 days, I hereby return your offer without acceptance and thereby remain in honour.


The reason I included this was because the fella was unsure he could carry the freeman thing off completely being very new to it.....so the notice had a bit of both (statute and common law).

I viewed the FPN as credit as it is a charge to pay in the future therefore it is credit which you can decline by cooling off.....

I see no reason why it shouldn't be considered in this way.

Thoughts ?
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Re: Police issued £80 FPN

Postby gepisar » Sun Nov 22, 2009 1:14 am

There are regulated credit agreements. These are specific arrangements where the ORIGINAL amount must be under 25,000 for example. Regulated agreements must also specify on the paper work that it is a regulated agreement under the consumer credit act 1974. (To be enforceable it must be signed, post 2007, maybe not, the judge has the discretion)

NON-regulated credit agreements, i.e. over 25,000 or where the documentation does not specifically say "Regulated credit agreement under the Consumer Credit Act 1974".

If the credit constructed was a non-regulated agreement then the CCA will not apply...
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Re: Police issued £80 FPN

Postby huntingross » Sun Nov 22, 2009 10:05 am

Good points G.

But they have "extended" credit none the less.....without consent....I'm still left thinking that you can walk away from that on the basis that you decline their offer for credit.

Like a Credit Card Agency will offer credit by an invite to apply.....all prior to the Agreement.....when you accept their offer you are bound by the Agreement regulated by the CCA 1974.....

So maybe accepting the FPN could be seen as an invitation to apply for their credit....??

Or maybe not.
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Re: Police issued £80 FPN

Postby gepisar » Sun Nov 22, 2009 1:54 pm

Interesting.

I see your point. Even though the FPN is an ORDER it stipulates x number of days to pay. I think we need to look at the meaning of CREDIT.
Even so, i suspect this would constitute an UN-regulated agreement (if one accepted)

Going deeper, declining their offer of credit may cut both ways. They might come back and say, fine, you declined our credit so payment is now due immediately.
On the other hand, PAYMENT does not discharge or set-off the ORDER. The ORDER still remains, and until the account is settled, the ORDER remains.
Payment i suppose you could think of as bail money. Meaning you will honour the ORDER, but since all the stuff about bankruptcy exists, the ORDER can never be PAID -> its against public policy to settle public debt.

This is where the tricks and lies come in. We see a debt ordered upon us, and when we pay with fiat money we think its settled. Its not, you have effect bailed yourself to in effect promise to PAY the ORDER.

PAYMENT not equal PAID!!! Hence SET-OFF and DISCHARGE processes, or refused for cause, and CHARGING for ORDERS.

So, i think credit or not, you've got to go after the root cause and tackle the ORDER -> the clue i think is in the 14 days. It doesnt benefit them to give us 14 days to pay, so why do they have to provide that?
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Re: Police issued £80 FPN

Postby Arten » Sun Nov 22, 2009 4:40 pm

Can you not deal with this by issuing them with a Notice of Acceptance which includes your fee schedule pointing out to them that in complying with their order you are entitled to bill them according to contract law and more importantly common law.
It is common sense is it not?
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Re: Police issued £80 FPN

Postby gepisar » Sun Nov 22, 2009 6:13 pm

Arten wrote:Can you not deal with this by issuing them with a Notice of Acceptance which includes your fee schedule pointing out to them that in complying with their order you are entitled to bill them according to contract law and more importantly common law.
It is common sense is it not?

Of course, but I think HG is just exploring different methods, which of course is a very good thing to do.
@Arten, have you done Notice of Acceptance?
Has anyone? I read a lot about fee schedules and bills for orders, any success stories?
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Re: Police issued £80 FPN

Postby Arten » Sun Nov 22, 2009 8:42 pm

Hi Yes I have issued Notice of Acceptance to the Banks it put them in dishonour because they ignored it and continue to do so.
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Re: Police issued £80 FPN

Postby gepisar » Sun Nov 22, 2009 9:44 pm

Sweet!
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