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Notice of Rescission & De-registration to DVLA

Started by M O'D, April 03, 2011, 12:11:06 PM

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M O'D

This may be of interest to all those who are considering revoking all contractual arrangements with the Crown Agency known as DVLA:
QuoteTo MOLE BANANAMAN, CEO,
for and on behalf of DEVILAIR,
Swansick SAX 7XX
Our reference:
                                     
Notice of  Rescission & De-registration.    
                                           
Notice to principal is notice to agent and notice to agent is notice to principal.
Dear Sir,
I hereby serve notice on the Ministry of Transport and the DEVILAIR by way of service upon the CEO of DEVILAIR, MOLE BANANAMAN, that I rescind and revoke, ab initio, all actual and presumed contractual obligations with said commercially operated Agency, known as DEVILAIR.
For the avoidance of doubt, this matter is independent of and without prejudice to any and all claims arising from the dishonour of the Affidavit of Obligation and perfected Lien as detailed in the NOTICE OF CERTIFICATE OF NON-RESPONSE & FURTHER CHARGES and THE NOTARISED CERTIFICATE OF NON-RESPONSE, of June 9 2010 and duly served by way of Royal Mail Recorded Delivery Ref. no. XXXXXXXXGB on MOLE BANANAMAN, for and on behalf of DEVILAIR, on 18 June 2010.

In accord with my Claim of Right as served by way of Recorded Delivery in May 2009, on the woman acting as the Queen of England and the Commonwealth, I hereby reiterate my right to travel by whatever form of conveyance I choose without having to enter into any contractual obligations with the DEVILAIR.

I also claim the right to revoke the unlawful contract formed by the enclosed Driver's Licence - it has been and is of no use to me - why would a man need a licence to perform an action that is his lawful right? It is taken as unlawful on the grounds that I was not given full disclosure of the terms and conditions embedded within said contract/licence. Given that it is a logical fallacy to claim that a licence is required to carry out a lawful action, I claim the right to rescind the licence on the illogical basis for its existence.

For the avoidance of doubt, I do not 'drive' in a DEVILAIR registered vehicle - I travel in my own private conveyance. I am not a DRIVER, which I understand to mean one who is travelling on the highways and engaging in commercial activity thereupon and politely decline any and all future attempts at persuading me or falsely asserting otherwise. I no longer wish to contract with an organisation that is based on a deception and one that uses force, coercion and theft to enforce falsely represented contractual obligations on people.

I claim the right not to be bound by the statutory requirements of any and all motor vehicle acts of a parliament I have no allegiance to. I am not a citizen, a subject or the trustee for the legal entity/trust account/fictional person known as TRUST ACCOUNT STRAWMAN.

Therefore, I hereby claim the right to travel freely along any highway, water or sky way without limitation and without constraint of any nature whatsoever across the land mass or by way of water around what is commonly known as the British Isles by whatever choice of conveyance is available to me. Indeed, this right is factually supported by the following which states,  "Most of the offences committed under the Highways Act 1980 are designed to punish those who endanger or interfere with users of a 'highway' or who damage or obstruct a 'highway'. There is no statutory definition of a highway, only a common law one. That definition is quite clear: a "highway is a way over which all members of the public have the right to pass and repass. Their use of the way must be as of right, not on sufferance or by licence". From: Sweet & Maxwell, Encyclopaedia of Highway Law and Practice, March 2002, para 2-335

As a Free Man, indigenous to this land mass known since ancient time as Albien, it is my understanding that the right to freedom of travel for all who are such is enshrined in the Union with Scotland Act, 1706, ARTICLE IV which unequivocally guarantees the right to safe and unhindered passage. "Trade and Navigation and other Rights. That all the Subjects of the United Kingdom of Great Britain shall from and after the Union have full freedom and Intercourse of Trade and Navigation to and from any port or place within the said United Kingdom and the Dominions and Plantations thereunto belonging And that there be a Communication of all other Rights Privileges and Advantages which do or may belong to the Subjects of either Kingdom except where it is otherwise expressly agreed in these Articles."

And, Article 25 of the 1706 Act states - "That all Laws and Statutes in either Kingdom so far as they are contrary to or inconsistent with the Terms of these Articles or any of them shall from and after the Union cease and become void and shall be so declared to be by the respective Parliaments of the said Kingdoms"

Furthermore, any and all attempts, ab initio, to pre-fine someone are contrary to the Bill of Rights Act 1688, "And severall Grants and Promises made of Fines and Forfeitures before any Conviction or Judgement against the Persons upon whome the same were to be levyed.All which are utterly directly contrary to the knowne Lawes and Statutes and Freedome of this Realme".

You are hereby informed that ANY Act  which prevents me from enjoying my right to travel anywhere within the UK is "contrary and inconsistent" with the Acts of Union 1706 and the Bill of Rights of 1688. These are Constitutional Acts and remain paramount.

In accord with my right to revoke all contractual obligations with the DEVILAIR, you are also served notice that the vehicle that once carried the DEVILAIR registration plate XXXX AYE is now deregistered with immediate effect and will display a PRIVATE mark bearing the word 'NAMASTE'. In recognition of this, the previous plates and the paperwork previously associated with the automobile are returned to DEVILAIR.  Please amend your records accordingly.

Furthermore, I claim the right to establish a FEE SCHEDULE for any transgression(s) against me that is or are perpetrated by peace officers, government principals, agents of DEVILAIR or justice system participants. I claim my FEE SCHEDULE for any transgressions by peace officers, government principals or agents of DEVILAIR or justice system participants is (GB £500.00) FIVE HUNDRED POUNDS STERLING PER HOUR or portion thereof if being questioned, interrogated or in any way detained, harassed, searched or otherwise regulated and (GB £5000.00) FIVE THOUSAND POUNDS STERLING PER HOUR or portion thereof if I am handcuffed, transported, incarcerated or subjected to any adjudication process without my expressed written and Notarised consent. And  a minimum of (GB £5,000,000) FIVE MILLION POUNDS STERLING if I am tasered, injured, subjected to violence in any way or my biological property (DNA, blood, urine, fingerprints) is taken without my expressed written and Notarised consent.

You are hereby requested to respond within FIVE working days of this Notice being served. Should you fail to suggest or provide me with an alternative means of exercising my birthright within this time, then for want of an alternative, you will have to accept my version.

DECLARATION: I declare that whilst in charge of any conveyance upon the public highway, I will be at all times exercising due caution, awareness and travelling at speeds deemed safe for the conditions. Naturally, I will not be engaging in actions which would endanger another's life.

I will be posting a bond with the Secretary of State to the value of FIVE HUNDRED THOUSAND POUNDS STERLING for indemnification purposes and in accord with the SECTION 144(1) OF THE ROAD TRAFFIC ACT 1988 .

Without malice, mischief, ill will, vexation or frivolity, in sincerity and honour,

                                  By: The Free Man-on-the-Land commonly known as michael of elmet   
                                                                  [Seal] 
 
The Occasional Authorised Representative to
TRUST ACCOUNT STRAWMAN™ (& all derivatives thereof)

All Rights Reserved – Without Recourse – Non-Assumpsit - Errors & Omissions Excepted

Mailing address: C/O: XX Letsbee Avenue  Mercia.

All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

mescalito

where did this come from, or is it your notice?

M O'D

#2
Hi Mescalito,

in answer to the question -  it is notice 1 has been working on, and crafted using the research of learned friends and 1's previous experiences with DVLA...


peace
;)
All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

mescalito

its brilliant, could you link the source of :  the Union with Scotland Act, 1706, ARTICLE IV which unequivocally guarantees the right to safe and unhindered passage. "Trade and Navigation and other Rights. That all the Subjects of the United Kingdom of Great Britain shall from and after the Union have full freedom and Intercourse of Trade and Navigation to and from any port or place within the said United Kingdom and the Dominions and Plantations thereunto belonging And that there be a Communication of all other Rights Privileges and Advantages which do or may belong to the Subjects of either Kingdom except where it is otherwise expressly agreed in these Articles."

And, Article 25 of the 1706 Act states - "That all Laws and Statutes in either Kingdom so far as they are contrary to or inconsistent with the Terms of these Articles or any of them shall from and after the Union cease and become void and shall be so declared to be by the respective Parliaments of the said Kingdoms"

please and thank you :)


M O'D

#5
Hi one and all,

So, within the 5 working days, a reply was received from DEVILAIR - not from MOLE BANANAMAN, the CEO but from a woman working in the 'Corporate Affairs Directorate', Nicola Virdee.... Notice the condescending attitude, the grammatical errors and the liberal use of phrases she appears to have gleaned from the internet. . .


QuoteDear Strawman,

Thank you for your recent correspondence addressed to Noel Shanahan at the DVLA. I have been asked to reply. The content of the 'Notice' you provided has been noted. However, I should point out a number of points.

The Notice you supplied, if it has any effect, does not provide for any exception or exemption from the legislative requirements of the Road Traffic Act 1988 and the Vehicle Excise and Registration Act 1994, or any other requirements with regards the licensing of drivers and the registration and taxing of vehicles. If you are stopped by the Police and found to be in breach of the law regarding your driving licence and/or vehicle  then they will have no option but to report you for the offence. Similarly, if DVLA receive any notification of such a breach then we will have no option but to take the necessary actions to enforce the law.

Your defaced driving licence, vehicle registration document and number plates has been received at DVLA (sic). Further information on how to ensure that you may drive legally in on UK roads and on obtaining documents to replace your defaced documents can be found at www. Direct. Govt. Uk . Motoring.  There is a charge for replacement of defaced documents.

Should you question the legality and definitions of the Vehicle Excise and Reegistration Act 1994 (as amended) and the Road Traffic Act 1988 (sic). You may wish to seek independent legal advice so that you properly understand the fit between your view of your obligations and the application of statute law requirements to you. (sic). No further correspondence will be entered into on this matter.

Yours sincerely

Nicola Virdee

Corporate Affairs Directorate"

This document has been returned to DEVILAIR as a breach of constitutional law along with the following legal Notice.


QuoteTo MOLE BANANAMAN, CEO,
for and on behalf of DEVILAIR,
Swansick SAX 7XX
Our reference:

                   
Notice of Documents Returned for Breach of Constitutional Law.
                                                                Notice to principal is notice to agent and notice to agent is notice to principal.


Dear MOLE BANANAMAN,

1. Please find enclosed the response dated April 2011. Said document is returned herein, without dishonour and without recourse, as it is a breach of Constitutional Law. This is on the basis that:

2. The writer's attempt to make a legal determination of the matter is entirely frivolous. Her references to the statutory requirements of the 1988 Act and the 1994 Act demonstrate this point clearly. For the avoidance of doubt, said references have no basis in English Law as they are to be taken as a fatally flawed misrepresentation of the matter.

3.Her citations of said Acts are irrelevant as the Bill of Rights and the Act of Union remain in full force and effect, their validity reiterated by Lord Justice Laws, in the Divisional Court in the case of the "Metric Martyrs" (sections 62 and 63). He said:
"The special status of constitutional statutes follows the special status of constitutional rights. Examples are the Magna Carta, the Bill of Rights 1689, the Act of Union, the Reform Acts which distributed and enlarged the franchise, the HRA, the Scotland Act 1998 and the Government of Wales Act 1998. Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a constitutional Act or the abrogation of a fundamental right to be effected by statute, the court would apply this test: is it shown that the legislature's actual – not imputed, constructive or presumed – intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute, or by words so specific that the inference of an actual determination to effect the result contended for was irresistible. The ordinary rule of implied repeal does not satisfy this test. Accordingly, it has no application to constitutional statutes. I should add that in my judgment general words could not be supplemented, so as to effect a repeal or significant amendment to a constitutional statute, by reference to what was said in Parliament by the minister promoting the Bill pursuant to Pepper v Hart [1993] AC 593. A constitutional statute can only be repealed, or amended in a way which significantly affects its provisions touching fundamental rights or otherwise the relation between citizen and State, by unambiguous words on the face of the later statute."

4. In the event that DEVILAIR is unable to provide material evidence demonstrating the legislation that repealed the referenced Constitutional Statutes, then DVLA will be deemed to be acting in flagrant disregard of the law.

5. I will be exercising my common and ancient of travel, which is the "right for all......at all seasons of the year freely" and my "will to pass and repass without let or hindrance, and without charge."
"All the Subjects of the United Kingdom of Great Britain shall......have full Freedom...... to and from any port or place within the said United Kingdom......" Union with Scotland Act 1706 Article 4.

6. "All Laws and Statutes in either Kingdom so far as they are contrary to or inconsistent with the Terms of these Articles ......shall from and after the Union cease and become void" Union with Scotland Act 1706 Article 25.

7.Therefore, contrary to the assertions of the referenced letter, the Notice of  Rescission, as served on DEVILAIR on 8 April 2011 by way of Royal Mail Recorded Delivery, stands in law. Unless you are able to provide material evidence, supported by relevant case law which demonstrates that any and all statutory 'laws' DEVILAIR and its agents may seek to enforce, under the apparent consent of the public, are not void for being inconsistent and contrary to the Articles of the Union and any fine DEVILAIR may attempt to extort is not contrary to the Bill of Rights, then the lawful presumption will be that all parties are in agreement, in which case, any and all correspondence will also be deemed frivolous, may be copied for use as evidence in court and/or refused for cause and returned accordingly.
DEVILAIR is also served notice that in the event DVLA sends any more erroneous correspondence to the fictional legal entity known as "STRAWMAN™", each item will incur a ONE THOUSAND & FIVE HUNDRED POUNDS STERLING administrative charge - ab initio. Any and all accepted invitations to attend at one of Her Majesty's Courts, will be deemed by all parties to be  made under "Special Appearance" and will incur a charge of ONE THOUSAND & FIVE HUNDRED POUNDS STERLING  per appearance.
For the avoidance of doubt, the returned driver's licence and DEVILAIR form were not "defaced" - they are rescinded -which is what was written on them.

i) "Rescind verb: Revoke, cancel, or repeal (a law, order, or agreement)" from Webster's Dictionary."RESCISSION OF A CONTRACT. The destruction or annulling of a contract. 2. The right to rescind a contract seems to suppose not that the contract has existed only in appearance; but that it has never had a real existence on account of the defects which accompanied it; or which prevented its actual execution. 7 Toul. n. 551 17 Id. n. 114."

ii) "DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals."  From Bouvier's Law Dictionary, Revised 6th Ed (1856),  As I am not and will not be employed as a 'Driver", there is no requirement for a licence.

10.  Given said documents may be taken in some quarters to provide possible evidence of a contractual obligation unwittingly entered into with DEVILAIR, one has simply rescinded them, as is one's lawful entitlement. It is an act of Law, not one of defacement.

                                                   
Without malice, mischief, ill will, vexation or frivolity, in sincerity and honour,

                                                              By: The Free Man-on-the-Land commonly known as Me 
                                                                   
 
                                                                      The Occasional Authorised Representative to
                                                            TRUST ACCOUNT STRAWMAN™ (& all derivatives thereof)

                                 All Rights Reserved – Without Recourse – Non-Assumpsit - Errors & Omissions Excepted

                                              Mailing address: C/O: XX Letsbee Avenue Forest Fields Snottingham Mercia.

One wonders if/how DEVILAIR will respond - you'll note the agent has already said they will not be getting into any further discussion. . . 

much love, much love

namaste

:D


All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

mescalito

nice one, yeah it was quick of them to say that aye, you must have scared them.

M O'D

Hi 1 and All, Aye n Eye.

So, within five working days, a reply to the NOTICE OF DOCUMENTS RETURNED... was received from DVLA. It purports to be from some department called "Corporate Affairs Directorate".

Addressed, to the STRAWMAN, it reads,

Quote27 April 2011
Our ref ACTS 48236

Dear  Mr Strawman,

Thank you for your letter of 19 April 2011 to Noel Shanahan. Mr Simon Tse is acting Chief Executive of the Driver and Vehicle Licensing Agency.

Your letter is receiving immediate attention and you will receive a full reply as soon as possible.

Mrs Sars Dafydd.
Ministerial Gateway Team


This lead to the question, 'what's happened to Noel Shanahan, erstwhile Chief Executive Officer of DEVILAIR?

The answer was found here
http://www.familylaw.co.uk/articles/CMEC22032011-985.
Since March 22, he has been head of Child Maintenance. From CEO of DVLA to Child maintenance? Would that be a side step, a step down or an upstep - or some other kind of step as yet unimagined? And, what could the "Ministerial Gateway Team" be?

We await their response with interest.

Namaste

ThinkFree, BeFree

:-*
All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

M O'D

#8
A letter has been received from the Corporate Affairs Directorate. It reads:

Quote4 May 2011

Dear Strawman,

Thank you for your letter of 21 April. I acknowledge receipt of this.

As previously advised no further correspondence will be entered into on this matter.

yours sincerely

Jean Valley

Team Leader

Corporate Affairs Directorate

So, it appears DVLA are denying due process of the law by refusing to engage in any meaningful attempt to resolve the matter, which of course, means they are failing to apply constitutional law to the issue and any action taken against me will be in breach of said law.  In effect, they will be attempting to force a contractual obligation on one (which renders it null and void ab inititio.

Let us be clear about this - our freedom to travel is enshrined in Law: it cannot be revoked. DVLA will be acting unlawfully if it attempts to prevent anyone going about his travels in a vehicle which has been deregistered, notwithstanding the fact that all contractual obligations have been rescinded by the return of the driving licence, the DVLA registration plate and the v5 document (unsigned).

Further developments will be posted.

Happy Travels to One and All,

Namaste
:)




All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

mescalito

good work, it all seems solid its just they are a bunch of corrupt jokers who have no consideration for the law.

what's you next step?

M O'D

Quotewhat's you next step?

The Minister of State for transport will be receiving some form of documentation on this matter and we will take it from there.
More posts will follow - especially when we unveil our new web pages.

namaste
:)
All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

GiGie

When I get to this remedy or rather if they get to me first I shall be taking mine to the Attorney General and not the Minister for Transport.

M O'D

#12
Friday 13 May was day 666 of the impoundment of the deregistered auto stolen by DEVILAIR.  It seemed appropriate to send a demand for payment under the terms of the Lien served on the CEO of said agency,

Quote
PRIVATE & CONFIDENTIAL
                                                                       
NOTICE TO AGENT IS NOTICE TO PRINCIPAL
                                                                        NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Notice applicable to Nominees, Successors, Heirs, Accessories and Assigns

To Mr Simon SET, acting CEO,
for and on behalf of DEVILAIR, the
Driver and Vehicle Licensing Agency
Swansea SA6 7JL                                                                                                                               13th May, 2011.
Your ref: BLAHBLAH
Our ref: AG12345
STATUTORY DEMAND.

TO:  Simon SET, acting CEO, for and on behalf of DEVILAIR, pursuant to your predecessor  Ole Bananaman & DEVILAIR's dishonour of the legal notices and affidavit herein listed, each served by way of Royal Mail Recorded Delivery,

1. NOTICE OF REQUEST FOR PROOF OF CONTRACT, DATED 17th July, 2009.
2. NOTICE OF ACCEPTANCE OF CONTRACT: TERMS & CONDITIONS, DATED 22nd July, 2009.
3. NOTICE & DEMAND (AFFIDAVIT),  DATED 10th August, 2009
4. NOTICE OF DISHONOUR & OPPORTIUNITY TO CURE, DATED 11th September, 2009.
5. NOTICE OF DISHONOUR,  DATED 9th October, 2009.
6. NOTICE OF LIEN INTEREST, DATED 19th October, 2009
7. AFFIDAVIT OF OBLIGATION (COMMERCIAL LIEN) , DATED 7th December, 2009.
9. NOTICE OF FAULT & OPPORTIUNITY TO CURE, DATED 17th December, 2009.
10. NOTICE OF DEFAULT, DATED 11th January, 2010.
11. NOTICE OF EXEMPLARY CHARGES AND DEMAND, 12 April, 2010
12. NOTARISED AFFIDAVIT OF SERVICE, DATED 9th June, 2010

You are hereby served this STATUTORY DEMAND for payment.

Ledgering:
1. As Ole Bananaman, for and on behalf of DEVILAIR, failed to settle the outstanding amount of ONE HUNDRED AND THIRTY FIVE THOUSAND POUNDS as per the terms of the lien, you, Mr Simon SET, for and on behalf of DEVILAIR, are hereby and herein notified that the charge of FIVE HUNDRED POUNDS STERLING PER DAY DEVILAIR unlawfully impound the automobile is still in FULL CAUSE AND EFFECT and has been added to the total owed. 

In total, it is now 666 days since the private automobile was stolen by DEVILAIR.

2. THE CHARGE OF FIVE HUNDRED POUNDS STERLING PER DAY FROM 12th April 2010 to 13th May 2011inclusive is ONE HUNDRED AND NINETY SEVEN THOUSAND AND FIVE HUNDRED POUNDS STERLING (GBP£197,500).

3. EXEMPLARY CHARGES: For the avoidance of doubt, DEVILAIR's failure to settle the agreed sum owed under the terms of said Commercial Lien of GBP£197,960 in full within thirty (30) days of service of notice of 12 April 2010 incurred a charge of three times (X3) the amount owed which was £593,000.
The failure to settle after another thirty (30) day period incurred a further charge of ten times (X10) the balance owed which amounted to  £5, 930, 800.  With the added total of £197,500, this makes the THE TOTAL OWED AS OF 13th May 2011,  SIX MILLION, ONE HUNDRED AND TWENTY-EIGHT THOUSAND AND THREE HUNDRED POUNDS STERLING ( £6,128,300)

4. If the Lien Debtor is willing to settle this account within the next 30 (THIRTY) days, then a 50% discount will be offered. You are asked to take note that, given the well-documented various dishonourable, unlawful and overly-aggressive actions of those agents acting for and on behalf of the DEVILAIR, including, without limitation, the failure of Ole Bananaman's duty of care to apply due diligence to the matter,  the unlawful and violent theft of the LAWFULLY de-registered automobile at X Xcellent Road, Snottingham on the morning of 16th July 2009, and the subsequent commercial injuries to STRAWMAN™ we consider this to be a legitimate sum.  You are requested to remit a cheque for the full amount in order to prevent the initiation of any and all further administrative and/or judicial proceedings deemed necessary in order to cure the commercial injuries caused by your company. Cheques or banker's drafts should be made payable to STRAWMAN™ and are payable upon receipt of this legal notice.

Without malice, mischief, ill will, frivolity or vexation, in sincerity and honour,
                                                                By: Every Man of Everywhere
Authorised Agent in Commerce to  STRAWMAN™
All Rights Reserved –Without Recourse – Non-Assumpsit
[/right]

The full details of this can be viewed here - http://forum.fmotl.com/viewtopic.php?f=25&t=4085

namaste
:-*
All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted


M O'D

If you read the notices above, then this question is answered. I am not a driver. Are you? I travel - I do not drive. Look at the definition of a 'driver' as provided in the above notice:

Quote"DRIVER. One employed in conducting a coach, carriage, wagon, or other vehicle, with horses, mules, or other animals."  From Bouvier's Law Dictionary, Revised 6th Ed (1856),  As I am not and will not be employed as a 'Driver", there is no requirement for a licence.

namaste 8)


All Rights Reserved - Without Prejudice
Without Recourse - Non-Assumpsit
Errors & Omissions Excepted