Parking Tickets and the Consent of the Governed Part 2

You may recall that about a month ago I sent a letter to the BUREAU OF PARKING asking them to provide me with evidence of the agreement that I signed consenting to be subject to their parking fines. They were given 10 business days to reply, and did not. So, I have decided to give them one last chance to provide me with proof of obligation to pay their fines. This time, I am sending the following letter via certified mail to the head of the BUREAU OF PARKING, Ginger Reyes:

April 03, 2008
GINGER REYES
KEENE POLICE DEPARTMENT
BUREAU OF PARKING
400 Marlboro Street
Keene, NH 03431-4336

Ms. Reyes,
On February 28th, 2008, I hand delivered a letter to your department acknowledging the receipt of a “CITY OF KEENE PARKING TICKET” # 60220797.

I made it clear that it is not my intention now, nor has it ever been my intention to defraud anyone. If in fact, I owe such an amount to your agency, I will pay it.

I then requested that someone from your agency provide me with evidence of the valid, original contract with my signature binding me to said obligation. Your agency was given 10 business days to respond, and it appears that your BUREAU OF PARKING representatives have chosen not to provide me with proof of obligation.

In fact, it has been much longer than 10 days. As I understand it, the lack of response puts your agency in dishonor, meaning that my claim is valid:

There is no contractual authority for your agency to demand such a “fine” and that I am not obligated to pay any “fine”, with no legal repercussions for any perceived “failure” to do so.

It is certainly possible that one of your agents discarded my earlier message, so I wanted to bring this directly to your attention. As it is my intention to live in peace and harmony with others, I would like to give you another two weeks to respond with the proof of obligation that I requested in my last letter. If I do not receive the requested proof from you or one of your agents by the end of April 18th, 2008, I will know that my claim is valid. Send your reply via registered mail to the address below, or fax it to XXX-XXX-XXXX.

Please note that any correspondence is subject to being posted on the blog at FreeKeene.com

Sincerely,
Ian Bernard
(my address)

Now that I have addressed one of the bureaucrats personally, will she respond? Is this a government by the consent of the governed or is it just a gang of thugs? Time will tell.

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12 Comments

  1. I am very interested to see how this pans out.

  2. I'll admit to not having read the previous letter since I have just found this site, but if this was for a parking place where the rules were posted then you agreed to follow those rules when you received your license.

    I'm not a lawyer, but that is my first impression.

  3. I don't recall that; did you?

    Besides, I don't have an NH license.

  4. I don't even live in NH, so the vehicle codes are probably set up differently. At least the impression of the written and driving test is to make sure that you can follow the laws. My signature is also on my license, which I would assume makes it a contract. Perhaps I need to do some research on this if/when I have some free time…

  5. Valid contracts require you comprehend what you agree to. They are also not coerced. Drivers Licensing fails both of those litmus tests.

  6. Very interested to see if they respond and legally they should,but none of us have any control over their regal sense of privilege. As the same ones who would deny us the right to know, are protecting the very beast system that would seek to limit them as well-being they are PUBLIC offices, funded by PUBLIC dollars and are legally deemed under our Rule of Law to be open to PUBLIC scrutiny to insure a democratic Republic they if performing their duties ethically have no qualms about transparency. Unfortunately, the courts are based upon INTERPRETATION which leaves great latitude for the "judge". Invariably when one is inundated with daily changes in the law it is easy to become lost in the maze of legalese and readily become 'ignorant'of the law-and the ability to wield a broad sword even if arbitrary laws are being interpreted-leaves the common person at a grave disadvantage. One needs to be well versed in courtroom to have any chance of success. Not that it cannot be done, but my experience has shown me that if you represent yourself effectively without licensed counsel than they WILL MAKE IT AS DIFFICULT AS POSSIBLE. Making sure you are the last case-lest the public see a strange one who fights as a David against the Goliath…and it deeply troubles tptb if one is successful and poignant-as it stands on truth-showing them for the HOLLOW SYSTEM they honor and whore for. I have even had large men in my face shaking tickets that I was "going to contest, and actually plead NOT GUILTY on this…!!!" To wit I replied, "Well, you felt the need to write it and I did not litter." and preceded to win. But I noted the anger in the PA, in the judge, in the cop who wrote it, and the 10 or so officers acting quite cocky sure their compatriot would win-it was around 500 fine and they had agreed he was going to take them to lunch and little ole me shut them down…one of a few-but you will be harassed and possibly worse-comes with the turf-so know this and make your choices-pick battles wisely as there will be many and may they cease when all have what divine Providence has granted all men and women.

  7. Ian, I believe there is a typo in your post. You made it sound as though you used the U.S. Postal Service to send this letter. You meant UPS, right?

  8. I considered it, but bureaucrats aren't worth the $.

  9. Manufacturer's Certificate of Origin / Manufacturer's Statement of Origin.

    Apparently if you don't physically obtain an MSO (Manufacturer Statement of Origin) when you "purchase" a car. It's not really your car. Basically the state gets the MSO when you get a loan for a new car, makes a microfiche copy of it, and then shreds the original so there is no way for you to get it. Now, because you don't physically hold your MSO, you are required to pay the government "rent" to own your car…hence registration fees and taxes.

    2.)In my state the only way to do this is by going out of state pay for the car,van any thing that is of personal use not for work or for commercial use and only driver away if you have the MSO in hand

    laws requiring Certificates of Title, Registration of automobiles, Licensing of "Drivers," compulsory liability insurance, and a myriad of other regulations and restrictions upon the people?

    The answer is, "By carefully and cleverly crafting the law so that the people are led to believe that such laws apply to everyone.

    If you do not have the MSO for your car you dont own it is the States,have a drivers license you have waived your common law rights. by getting any licensing you no longer have the rights you have privilege.

  10. Thanks, kothjjh. It's been long enough since I've heard this that I had all but forgotten it. If what I heard was correct, you can use real money (as opposed to legal tender) and buy directly from the factory in order to get the MCO/MSO… supposedly.

  11. There is no compelling reason that you wouldn't own the car. If you offered payment for it and the owner of the car accepted your payment for it, then it is yours, regardless of what the State may claim by "requiring" you to have yet another worthless piece of paper.

    They can require whatever they wish. That doesn't change my ownership of it. I own a lot of things the State says I can't have without their express permission by some piece of paper or another. I still own them and still don't have the piece of paper for them that the State requires. Whether they acknowledge my ownership doesn't matter much to me.

    When I bought my last car I didn't contract with the State to buy it. I contracted with another individual. The car didn't belong to the State then, and it doesn't now. They can make whatever claim they wish otherwise, based on their desire for me to have a piece of paper, but it doesn't change my actual ownership. If they wish to come exercise their claim to my property they certainly can try, but I wouldn't recommend it.

Care to comment?