2nd letter relating to green stickering of Michael C car.

To Police Legal Services / District Commander,

This correspondence is issued as a formal and urgent demand for disclosure of procedural authority and immediate remedial action.

 1. Procedural Authority – Outstanding and Unanswered

Police enforcement action was taken to:

– remove number plates; and

– declare a vehicle defective and off-road.

Repeated requests have been made for Police to identify the procedural and statutory basis for this action. No answer has been provided.

Accordingly, Police are required to state explicitly and immediately:

a) The specific statutory provisions relied upon to remove number plates and immobilise the vehicle;

b) The procedural steps Police assert were required to be followed prior to that action;

c) The evidential material relied upon to determine the vehicle was unsafe; and

d) Whether Police accept that a competent mechanical inspection report was provided and considered.

Absent such disclosure, the enforcement action remains unsupported by evidence and procedurally defective.

2. Improper Substitution of Opinion for Evidence

Police were provided with documentation from a competent mechanic confirming inspection of the vehicle.

No contrary mechanical inspection, technical assessment, or evidential finding has been produced.

Police opinion is not evidence.

Administrative enforcement cannot lawfully be grounded in subjective assessment where objective evidence exists and has not been rebutted.

 3. Insurance Position and Failure to Mitigate Loss

Police were on notice that an insurance claim arising from Police conduct had been accepted.

Despite this, Police repeated enforcement action, thereby compounding insured loss and failing to mitigate risk.

This conduct materially increases Crown exposure.

4. Demand for Immediate Remedy

In light of the above, the following is required:

1. Immediate restoration of the vehicle to lawful road use, including return or reinstatement of number plates;

2. Written confirmation of the procedural authority relied upon, or confirmation that no such authority exists;

3. A formal written apology acknowledging that enforcement action was taken without evidential foundation and caused unnecessary harm.

5. Deadline

Given the ongoing deprivation of property and compounding loss, this matter is urgent.

If the vehicle is not restored by close of business today, or no later than 10:00am tomorrow, this matter will proceed without further notice to:​

– the Office of the Ombudsman;

– Police Integrity;

– Treasury (as insurer of last resort); and

– the High Court by way of urgent application for interim relief.

All rights, including rights to damages and costs, are expressly reserved.

This correspondence is issued calmly, formally, and on the record.

Yours faithfully,

Tracy Lynch

For and on behalf of

InLandsAirWater Counsel