Here's the letter I sent back to them, for anyone interested. I also attached an N9 form, plus evidence that Devon & Cornwall Police are a company. I've not heard back from them yet. I hand delivered my notice to the county court, and got them to sign for it. It's my court date today. I told them that I wasn't going to it. I'm a bit nervous if I'm honest, but fingers crossed, ey?!
Big thanks to Darren and KentB. I've grabbed bits from your template letters that I thought appropriate, then added in extra bits that I saw fit too. I've never put together a notice like this before, so any feedback would be much appreciated... Cheers
Amanda Jayne DAVIES,
Orange Team – Argal House
Peninsula Park, Rydon Lane,
Date: 9th February 2010
Your Case Number (as referred to in your Notice to me): xxxxxxxxxxxxx
This is a Notice of Understanding and Intent and should be considered both a Notice and an Affidavit of Truth and handled as such – this constitutes my acknowledgement of and response to the notice and summons, dated 27th January 2010 and sent to Flat 4, 33 Powderham Crescent, addressed to Mr Nicholas XXXXXXXXX.
I, Nick: of the Xxxxxxxxxx family, sentient mortal man, hereafter ‘Undersigned’, am authorised to respond on behalf of ‘Mr Nicholas XXXXXXXXX’.
Undersigned does not wish to argue with nor dishonour any genuine and lawful presentment from Devon & Cornwall Constabulary and/or Central Devon Magistrate’s Court, and wishes on behalf of the purported defendant to meet all lawful obligations the purported defendant may have with Devon & Cornwall Constabulary and/or Central Devon Magistrate’s Court and offers to attend court upon proof of claim sworn by Affidavit by an employee/officer/agent/assigner or nominee of Devon & Cornwall Constabulary and/or Central Devon Magistrate’s Court under a living man’s/woman’s own unlimited personal commercial liability attesting to the facts being true, complete, correct, certain and not misleading and with first hand personal knowledge that they can furnish Undersigned all of the following:
1. Proof of Claim that I am the “person” or entity Mr Nicholas XXXXXXXXX
and not the Sovereign Living Breathing Life Force Soul of the Man, Nick: of the Xxxxxxxxx family, as commonly called;
2. Proof of Claim that Undersigned has entered into a Contract or Commercial Agreement with Central Devon Magistrate’s Court that was entered knowingly, voluntarily and intentionally;
3. The document or otherwise that evidences that Central Devon Magistrate’s Court provided the purported defendant with full disclosure in relation to any ‘implied’ contract;
4. Proof of Claim that the Road Traffic Act 1988 applies to me, a Sovereign Living Breathing Sentient Man;
5. Proof of Claim that a contract that contains any element of fraud / deception or misrepresentation is not null and void;
6. I Notice the fact that a summons is in fact an invitation with no obligation associated.
7. I Notice that the signatory who signed the “Notice to Defendant” document has not left a printed version of their name beneath, so I am assuming to be Amanda Jayne Davies. I am unsure.
8. I Notice that there was no signature under the name T.A.M. Smith.
9. I notice that in the summons delivered to Flat 4, 33 Powderham Crescent, in the paragraph entitled “Offences” the car allegedly driven was a “Vauxhall motor car.” In the only witness statement that has been presented by the police, PC 5749 STEER_FROST has described the vehicle as a “blue ford escort.”
10. I Notice the Fact that Devon & Cornwall Police is not an Authority, since it is a registered company, listed under Duport Company Services. As it appears to have neither a co-operative nor charitable status, this would imply they operate for profit and therefore cannot also be Public Authorities which are owned by the people, and for the people and operating for the Public Good.
11. Can you please clarify whether or not Central Devon Magistrate’s Court is also a registered company?
12. As Companies can only enter into contract, they cannot oblige, dictate nor exert higher authority upon a real human being, I therefore ask for a copy of the contract in question – when did we negotiate, where is the signed contract, and when did you provide full disclosure and equal consideration?
13. You are assuming liability on the basis of Understanding a Statute, not a Law. I do not Understand. The statute named in your document is not a law: a Statute, by definition, is ‘A legislated rule of a society which is given the force of law by the consent of the governed,’ (source: Black’s Law Dictionary 5th Edition) making it a contractual arrangement of Corporate and Statute Law and not one under the Law of the Land, which is the Common Law, for which I am a constituent. Statutes are given the force of law to those who have consented to be governed. I have not given consent to be governed in said fashion as is proven by a number of reasons :
a) I have no elected representative for whom I opted, as such, the Statute cannot apply – I have not given consent to be represented nor governed.
b) A Statute is a legislated rule of a society. A society must have a name to exist, and members of a society can contribute to its legislation and operate fully within its arenas of jurisdiction. I am not a member of the Law Society and it is only the Law Society who can contribute to legislation in the United Kingdom and operate fully within arenas of jurisdiction e.g. courts; legal libraries. Since I am not a member of the society, the society’s rules cannot apply – they are for its members only. By contrast, a Law is a form of constitution which is what constituents can contribute to.
c) I was never proposed nor tendered any contract, Act or Statute for my contractual consideration and in fulfilment of full disclosure. As such there is no valid consent and therefore no contract and no remit for enforcement.
14. I Notice that I reserve my right not to stand under the aforementioned Regulations, nor to accept the authority of your invitation.
15. I do not wish to attend court, nor do I consent to my case being held in my absence.
16. I do not consent to liability for any court costs that may ensue from this case.
17. You have given Mr.Nicholas XXXXXXXXXX notice of an “official request” for a statement of financial circumstances. Undersigned conditionally accepts this request on behalf of Mr.Nicholas XXXXXXXXXX, given you can furnish Undersigned with the following:
a) A statement of Central Devon Magistrate’s Court’s financial circumstances.
b) A statement of Devon & Cornwall Constabulary’s financial circumstances. (I have some alarming evidence (see attached), courtesy of Duport company services, that Devon & Cornwall Police have County Court Judgements held against them!)
c) You follow up this request with a demand or an order. A request is defined as being: the act of asking, or expressing a desire, for something; solicitation or petition. (Source: www.yourdictionary.com
It implies that it can be met with both a yes or a no. Which makes me question the validity of your assertion that “It is an offence not to provide the court with a statement of financial circumstances...”
d) Details of the statute which you believe entitles you to request such information from
e) Given that a statute is ‘A legislated rule of a society which is given the force of law by the consent of the governed,’ please provide me with evidence that I have consented to any such statute which would oblige me to provide my financial circumstances.
18. I would like to make totally clear that I, Nick, of the family Xxxxxxxxxx am a living, breathing, sentient human being. I am a man, and not a Person. The Person, Mr Nicholas XXXXXXXXX is a legal fiction created at birth, against my consent, via a birth certificate.
19. Considering all of the above points of FACT, I find the process of issuing such documents as you sent to Flat 4, 33 Powderham Crescent contumelious, sinister and deceitful.
Without Prejudice to the above, and reserving all my sovereign, human, civil, public, private and inalienable rights, I invite your explanation and justification for such behaviour against real human beings.
I mean neither offense nor tort to any real human beings operating under the sway of misinformation from the limited company mentioned in this document or the registered limited company who produce the Statutes and Acts. I intend only both to outline my understanding, and to educate, enlighten and ensure a healthy and wholesome environment for all.
I invite rebuttal, explanation, answer and/or clarification of the points raised in this Notice, since I wish to clarify and broaden my understanding and knowledge if it is indeed flawed.
That being said, this is both a Notice of Understanding and Intent and an Affidavit of Truth and as such, is a legal and lawful document. It should be handled in the proper manner and in protection of that: I accept no liability or contract whatsoever, and do not consent to tacit agreement to any statute nor statutory authority, nor any limited company claiming to have such authority.
You have 28 days from the date of this document to address this Affidavit and Notice in proper and honourable fashion. If you do not respond in this time then I shall conclude that you acquiesce to the points raised and have no claim nor complaint against ‘Mr Nicholas XXXXXXXXXX’ and that you have no desire to enter into contract in a lawful manner. I shall expect you to adjust your records accordingly if this is the case.
TAKE NOTICE: ANY PERSON OR HUMAN BEING WHO ENTERS ANY PLEA IN ‘Mr Nicholas XXXXXXXXX’s ABSENCE SHALL BE THE DEFENDANT(S) AND SHALL BE LIABLE AS THE DEFENDANT(S) FOR ANY AND ALL COSTS, PENALTIES, CHARGES AND SUCHLIKE .
I do hereby solemnly swear and affirm that the 4 pages of this Notice represent my Understanding, and the Truth as I see it.
Signed on this day, the 10th day of the 2th month in the Julian year 2010
Nick of the family Xxxxxxxxxxx:
Enclosed: Completed N9 as a granted courtesy – Acknowledgement of Service signed to challenge jurisdiction with this document as the evidence