I have legally paid an infringement by way of set off act but you igonre the payment
Grace Haden made this Official Information request to Auckland Transport
The request was partially successful.
From: Grace Haden
Dear Auckland Transport,
this is an OIA request .infringement no 302060477
It would appear that the person looking at this matter has no concept of what a set off is.
By way of OIA please provide a copy of all correspondence which you have refereed to in declining this off set and provide the legal basis for doing so.
the Set-Off Act 1735 contains a statutory right which we have evoked. You accepted our cheque and there by agreed to the terms and conditions, those terms and conditions are now binding and the setoff act comes into play.
Might is not right you cannot claim ignorance of the law . this debt has been paid by way of set off legislation and you are not acing lawfully by handing this on to Bay corp and it is harassment to do so.
I am not asking for the ticket to be waived I am telling you its been paid there is a difference
Yours faithfully,
Grace Haden
Good afternoon Ms Haden,
Please find attached an acknowledgement for information requested under
the Local Government Official Information and Meetings Act from Auckland
Transport.
Kind regards
Jo Garwood | Auckland Transport
6 Henderson Valley Rd, Henderson, Auckland 0612
Private Bag 92250, Auckland 1142
P 09 355 3553 | F 09 355 3550 | [1]www.aucklandtransport.govt.nz
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
From: Richard Austyn-Mawby (AT)
Dear Ms Haden
Can you please confirm your infringement number? We would like to carry
out a thorough investigation but the infringement number provided –
302060477, is unfortunately incorrect.
We look forward to receiving this information.
Kind regards
Richard Austyn-Mawby | Personal Assistant to the [3]Description:
Manager, Parking and Enforcement Description: final
Email-Signature1
Level 6, HSBC Building, 1 Queen Street, Auckland
Central, Auckland, 1010
Private Bag 92250, Auckland 1142
P 09 448 7039 | F 09 355 3550 I M 021 955 023
[1]www.aucklandtransport.govt.nz
[2][email address]
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
2. mailto:[email address]
From: Grace Haden
Dear Richard Austyn-Mawby (AT),
sorry left a 7 off 3020604777
Yours sincerely,
Grace Haden
From: Grace Haden
Dear Richard Austyn-Mawby (AT),
I stated the terms and conditions for maintaining the verge when I was paying a parking fine ( parking in what used to be a P10 and had been re signposted )
I stated the policy and terms and conditions and provided a cheque which if cashed woudl be an agreement to those terms and conditions.
the cheque was cashed , terms and conditions were thereby accepted.
Got another ticket and applied the set of act . AT has totally ignored it and keeps sending it to Bay corp.
Policies and terms and conditions work both ways.
I was forced to accept their terms and conditions, they chose to accept mine.
Yours sincerely,
Grace Haden
From: Richard Austyn-Mawby (AT)
Thank you for your email Ms Haden.
I will ensure that I pass on this additional information to the manager investigating your query.
Kind regards
Richard Austyn-Mawby
-----Original Message-----
From: Grace Haden [mailto:[OIA #1754 email]]
Sent: Wednesday, 25 June 2014 12:05 p.m.
To: Richard Austyn-Mawby (AT)
Subject: Re: CAS-314248-X4R2N1 - Official Information Act request
Dear Richard Austyn-Mawby (AT),
I stated the terms and conditions for maintaining the verge when I was paying a parking fine ( parking in what used to be a P10 and had been re signposted )
I stated the policy and terms and conditions and provided a cheque which if cashed woudl be an agreement to those terms and conditions.
the cheque was cashed , terms and conditions were thereby accepted.
Got another ticket and applied the set of act . AT has totally ignored it and keeps sending it to Bay corp.
Policies and terms and conditions work both ways.
I was forced to accept their terms and conditions, they chose to accept mine.
Yours sincerely,
Grace Haden
-----Original Message-----
Dear Ms Haden
Can you please confirm your infringement number? We would like to carry out a thorough investigation but the infringement number provided – 302060477, is unfortunately incorrect.
We look forward to receiving this information.
Kind regards
Richard Austyn-Mawby | Personal Assistant to the [3]Description:
Manager, Parking and Enforcement Description: final
Email-Signature1
Level 6, HSBC Building, 1 Queen Street, Auckland Central, Auckland, 1010
Private Bag 92250, Auckland 1142
P 09 448 7039 | F 09 355 3550 I M 021 955 023
[1]www.aucklandtransport.govt.nz
[2][email address]
WARNING This email may contain information which is CONFIDENTIAL and may be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you must not peruse, use, disseminate, distribute or copy this email or attachments. If you have received this in error, please notify us immediately by return email, facsimile or telephone (call us collect) and delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355 3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND TRANSPORT. Nothing in this email designates an information system for the purposes of section 11(a) of the New Zealand Electronic Transaction Act 2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
2. mailto:[email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #1754 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
WARNING This email may contain information which is CONFIDENTIAL and may be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you must not peruse, use, disseminate, distribute or copy this email or attachments. If you have received this in error, please notify us immediately by return email, facsimile or telephone (call us collect) and delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355 3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND TRANSPORT. Nothing in this email designates an information system for the purposes of section 11(a) of the New Zealand Electronic Transaction Act 2002, unless expressly stated otherwise.
hide quoted sections
Good afternoon Ms Haden,
Please find attached the information requested under the Local Government
Official Information and Meetings Act 1987 from Auckland Transport.
Kind regards
Jo Garwood | Auckland Transport
6 Henderson Valley Rd, Henderson, Auckland 0612
Private Bag 92250, Auckland 1142
P 09 355 3553 | F 09 355 3550 | [1]www.aucklandtransport.govt.nz
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
From: Grace Haden
Dear Auckland Transport,
thank your for your response.
Auckland transport entered into an agreement by cashing he cheque which was provide on a conditional basis.
Which part of " cashing this cheque is acceptance of our terms and conditions " does Auckland transport not understand.
Auckland transport had the ability to return the cheque uncashed and ask for another cheque which did not have conditions attached to it.
By cashing the cheque Auckland transport entered into an agreement , that agreement was that future traffic infringement notices could be off set against the cost of maintaining the berm which you have responsibility for but have delgated to the property owner without right of refusal.
As such the contract was agreed to by Auckland transport which is more than the opportunity afforded to us.
the debt has therefore been paid unless you can show why this contract is not valid.
Please provide any legal basis that you rely on which shows that cashing a cheque which is provided on a conditional basis does not bind the person cashing it to those conditions.
Might is not right.
Yours sincerely,
Grace Haden
From: Info (AT)
Thank you for contacting Auckland Transport.
Your enquiry will be referred to a member of our customer services team,
who will respond to you directly or refer your query to the appropriate
business unit.
If you have requested feedback, we aim to respond to all correspondence
within 10 working days.
If you have an urgent enquiry, please phone our call centre on 09 355
3553. The Auckland Transport call centre is open 24 hours a day, 7 days a
week, including public holidays.
Kind regards
Auckland Transport
Private Bag 92250, Auckland 1142
P 09 355 3553 | F 09 355 3550
[1]www.aucklandtransport.govt.nz
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. file:///tmp/www.aucklandtransport.govt.nz
Good morning Ms Haden,
Please find attached a response from Auckland Transport.
Kind regards
Jo Garwood | Auckland Transport
6 Henderson Valley Rd, Henderson, Auckland 0612
Private Bag 92250, Auckland 1142
P 09 355 3553 | F 09 355 3550 | [1]www.aucklandtransport.govt.nz
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
From: Grace Haden
Dear Auckland Transport,
thank you Liz
Yes the cheque you cashed paid another infringement But I sent it on a conditional basis. If you did not wish to accept those conditions then the cheque should not have been cashed and returned to me saying that you do not accept the conditions.
Instead the cheques was cashed. teh conditions on cashing the cheques was that by cashing it you accepted the terms and conditions that any further tickets could be off set agaisnt maintaining the Berms which you require to be done on no legal basis.
The terms and conditions were set out you accepted them I cant see why you are reneging on an agreement.
Please provide a legal basis on which you could cash the cheque and ignore the conditions that went with the cheque.
Yours sincerely,
Grace Haden
Good afternoon Ms Haden,
Please find attached a response from Auckland Transport.
Kind regards
Jo Garwood | Auckland Transport
6 Henderson Valley Rd, Henderson, Auckland 0612
Private Bag 92250, Auckland 1142
P 09 355 3553 | F 09 355 3550 | [1]www.aucklandtransport.govt.nz
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
From: Grace Haden
Dear Auckland Transport,
Thank you for your response
you are basically saying that you make up your own rules.
the cheques was cashed and by cashing the cheque you entered into a contract with the garden trustee .
You agreed by cashing the cheque that any further fines could be dealt with by way of set off act.
You have failed to provide any legislation or precedent on which you rely.
Please provide the legislative basis for not being able to accept payment by way of set off act .
Please do not threaten increased costs. the debt has been paid Auckland Transport had the choice of not accepting the cheque which was issued with conditions attached.
If those conditions had not suited the cheque should have been returned.
By way of OIA please provide the legal basis for the agreement not being valid .
Our policy was accepted you had a chance to turn it down but didn't.
Your policy was forced on us we had no right of refusal.
by accepting our policy ( through cashing the cheque ) you accepted our policy
please tell me why the offset act does not apply
and how any lack of reference overrides legislation .
Auckland transport did not have the right to accept the cheque and not accept the conditions that went with it. We were never consulted. Auckland transport applied the might is right principle.
If Auckland Transport does not have a contract with me with regards to the berms could you please advise who does have the obligation to maintain the berm .
I am happy to pay any infringement if Auckland Transport maintains the berm on a regular basis and keeps the grass short and will revoke the agreement as soon as Auckland transport undertakes to maintain the verge outside the trust property .
In the mean time there is a debt back to AT. which has been taken care of with the fine .
As it stands Auckland transport now owes the trust due to further months of maintenance of he verge.
ignorance of the law is no excuse.
all request are by way of LGOIMA
Yours sincerely,
Grace Haden
Good morning Ms Haden,
Please find attached a response from Auckland Transport.
Kind regards
Jo Garwood | Auckland Transport
6 Henderson Valley Rd, Henderson, Auckland 0612
Private Bag 92250, Auckland 1142
P 09 355 3553 | F 09 355 3550 | [1]www.aucklandtransport.govt.nz
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
From: Grace Haden
Dear Auckland Transport,
thanks you for telling me what you cant do could you please provide the legal references that support your claims.
Could you also please provide the legal references as to why you can accept a cheque and disregard the legal conditions which were attached to the cashing of that cheque.
you have to give a legal basis for these things you cant just make them up
I consider the parking debt paid .
If you do not wish me to mow the berm then I will not mow the berm and I expect you to maintain them
However in the period up until now I believe we had a contract , if you are not going to consider the payment as being off set agaisnt he mowing of the verge then I will require the legal basis for your decision and he evidence for that decision supported by documentation by way of LGOIMA
Yours sincerely,
Grace Haden
From: CustomerLiaison (AT)
Good afternoon Ms Haden,
Please find attached a response from Auckland Transport.
Regards
Jo Garwood | Customer Liaison
Advisor
6 Henderson Valley Rd,
Henderson, Auckland 0612 [2]Description:
Private Bag 92250, Auckland 1142 http://www.aucklandtransport.govt.nz/Sit...
P 09 366 6400 | F 09 355 3550 |
[1]www.aucklandtransport.govt.nz
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
From: Grace Haden
Dear CustomerLiaison (AT),
If the matter is closed and in the absence of any legal argument I will presume that the matter has been settled and I will not be hearing from you or bay corp further on this matter.
Yours sincerely,
Grace Haden
From: CustomerLiaison (AT)
Good afternoon Ms Haden,
Please find attached a response from Auckland Transport.
Kind regards
Jo Garwood | Customer Liaison
Advisor
6 Henderson Valley Rd,
Henderson, Auckland 0612 [2]Description:
Private Bag 92250, Auckland 1142 http://www.aucklandtransport.govt.nz/Sit...
P 09 366 6400 | F 09 355 3550 |
[1]www.aucklandtransport.govt.nz
WARNING This email may contain information which is CONFIDENTIAL and may
be subject to LEGAL PRIVILEGE. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this email or
attachments. If you have received this in error, please notify us
immediately by return email, facsimile or telephone (call us collect) and
delete this email. Thank you. Phone: +64 9 355 3553 or Fax: +64 9 355
3550. AUCKLAND TRANSPORT ACCEPTS NO RESPONSIBILITY FOR CHANGES MADE TO
THIS EMAIL OR TO ANY ATTACHMENTS AFTER TRANSMISSION FROM AUCKLAND
TRANSPORT. Nothing in this email designates an information system for the
purposes of section 11(a) of the New Zealand Electronic Transaction Act
2002, unless expressly stated otherwise.
References
Visible links
1. http://www.aucklandtransport.govt.nz/
From: Grace Haden
Dear CustomerLiaison (AT),
thank you for your response and your letter from the un named " infringement adjudicator" dated 16 July.
please note that I have paid the debt through a legal means.. please refer to the statute
Your unnamed adjudicator threatens to take it to court as an unpaid fine . The fine has been paid the dispute is as to whether or not it is a valid payment.
You cashed the cheque which had conditions attributed to it . by cashing the cheque you accepted those terms and conditions
I paid my next fine according to the terms of that agreement supported by the statutory provisions of the off set act.
The parties involved in cashing he cheque and the agreement to pay for maintaining the verge are the same parties .
You have not provided any legal basis for your stand and have not provided any legal reasoning why the statutory elements of the off set Act do not apply.
The law needs to be used for a proper purpose and to take this matter to district court for enforcement is abuse of process.
at best this is a disputes tribunal matter but I think that some how you are ignoring statute which supports me and you have nothing on your side of the argument .
I will be publishing this entire scenario to sow how Auckland transport Makes things up .
Please note the parking infringement has been paid by way of http://www.legislation.co.nz/act/imperia... set off act 1735
4 The clause in the first recited act, relating to mutual debts, made perpetual.
And whereas the provision for setting mutual debts one against the other, is highly just and reasonable at all times; be it therefore further enacted by the authority aforesaid, that the said clause in the said first recited Act, for setting mutual debts one against the other, shall be and remain in full force for ever.
Please advise urgently by way of LGOIMA why this law does not apply to you citing legal principles
To pass details to Bay corp is harassment and to take the ticket to court for enforcement is abuse of process.
Ignorance of the law is no excuse. please act lawfully
Yours sincerely,
Grace Haden
Dan Hawke left an annotation ()
@Grace, I've been following this case as all information you post here is public. It appears you are going in circles - note that the LGOIMA is not a replacement for legal advice, and you can't shape an enquiry that gets you free legal advice.
You may wish to consider getting legal advice if you are interested in pursuing this further. Also, I don't fully understand why you think Auckland Transport should not take this to court? A court would be the right place to decide whether the point of law you claim applies does or not, and decide therefore whether or not your infringement is actually paid.
tnga (Account suspended) left an annotation ()
Auckland Transport providing unsolicited goods and services which are claims for unjust enrichement in breach of the:
Fair Trading Act 1986, s21c and Unsolicited Goods and Services Act 1975, s4.
Baycorp a third party - who buys your debt from Auckland Transport and then enforces unsolicited goods and services upon you. Where there is no proof of claim of contract there can be no obligation.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this requestAct on what you've learnt
Similar requests
Cause of the Recent Electric Trains being grounded, the fix, and what mitigation is being taken to prevent it in the future
To Auckland Transport by Ben Ross
Dan Hawke left an annotation ()
@Grace, you're aware that by making the OIA request through this site the information returned will be publicly accessible?
Are you sure the Set-Off Act applies to a statutory penalty, and have you taken legal advice around this? What sort of debt did the council owe you that you are offsetting?
Link to this