New Parking ticket

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New Parking ticket

Postby pedawson » Sun May 19, 2013 11:27 am

I have just received a parking ticket. It is in a 'disabled / delivery' bay and on a SUNDAY. NO disabled painting on the bay just a metal sign, Remember it is a delivery AND disabled, I don't park in disabled bays - AND it was at 10:09 on a Sunday.

I am going to contest the ticket on the grounds that I was delivering services to the building I was in at the time.
I will be using my adjusted legal fiction and will be as obstructive as I can, in terms of who I am and what I was doing.

What I would like to do, knowing that the result would only ever be £35, because on 'informal' representation and the 14 days is re started after they make their decision, I would like for them to be ABSOLUTELY CLEAR about what they mean by COURT, Is the court official, so to speak, will the judge be on his oath, is there a contract between the council and the judge &c.
Are they aware of the rulings re fines, although they say they are charges, remember I have NO contract with them, so they cannot be charges, there were no informative notices stating the contractual duties &c.

That if I go to court and they win I will be charged for the privilege, Their offer to settle is not an offer that is fair, pay this amount now and we will forget it or go to court and pay £X + £X.

Just going through my options.
I'm not entirely convinced about Return for Cause, that seems a pain in the arse, but I am not sure.
I would be stupid to ignore it. There will be bailiffs and the car could get stolen, but it would be interesting, IE the debt collector pays for the debt (THAT DOES WORK)
Going the route I think is correct, has not been done before and I think they will either dig in and not budge, more than likely, or just tell me to fuck off and leave it at that.
This way I will possibly get a whole raft of info that could come in handy later, and at the end it will only cost me £35 for many discussions with the councils solicitors. Cheap at half the price. AND I may just get away with it. NOT that it is getting AWAY with anything.

Lets see how it goes.

In the mean time if anyone has anything else, go for it I am all ears

Namaste, rev phil;
Don't be surprised to discover that luck favours those who are prepared
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Re: New Parking ticket

Postby woodman » Sun May 19, 2013 11:40 am

I've had a number of parking tickets over the last few years, never paid any of them, and never been harassed through the courts.

I always find that responding to their letter by picking apart their words and showing them up for the nonsense they are. Here's an example of one of mine.

Legion Group Parking Fine - May 2012
‘Emancipate yourself from mental slavery, no one but ourselves can free our minds’- Robert Nesta Marley (1945 - 1981)

‘All that is required for evil to prevail is for good men to do nothing’ - Edmund Burke (1729 - 1797)
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Re: New Parking ticket

Postby pedawson » Sun May 19, 2013 1:05 pm

Yes woodman, I have had two tickets before but they were on private property 'seeing eye' or whatever they are called was the enforcer and I ignored them, they are not lawful. I have read your story and see that the area you were parked in was not a designated spot and was granted permission by the council. It is, even though, slightly different from my position.
I do see your point about being in contact or contract with them, responding to them is not something I will do lightly, I have no recourse to ignorance, as in ignorance of the law is no defence, EVEN though I do not see this as actual LAW.
I was intrigued by the statement "... the court may also fine me, really? a county court fining you over a civil matter? ..."
It is, isn't it. A CIVIL matter. I will do some digging but whatever you have let me see. Thanks.

I am going to stretch it as far as I can, and I hope to get some nugget and at worst it will cost me £35, I am going to be adding that I only work for minimum wage and only do 12 Hrs a week and so my finances and this charge would not be what I would have agreed to if it was a contract and if it is a fine it is extremely exorbitant. I do not claim benefits, I am not a registered tax payer and I am not a registered voter. I will try to get this in but in other words.
In short I have excluded myself from their so called system, in a minor way but none the less.

I have taken note of your correspondence and will be taking it into account.
Thanks brother, if you have anything else or anyone else has any thing I will look in to it.

Namaste, rev phil;
Don't be surprised to discover that luck favours those who are prepared
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Re: New Parking ticket

Postby woodman » Sun May 19, 2013 4:33 pm

pedawson wrote: I have read your story and see that the area you were parked in was not a designated spot and was granted permission by the council. It is, even though, slightly different from my position

A private company would have even less (percieved) power than the Council though would they not.

pedawson wrote:I was intrigued by the statement "... the court may also fine me, really? a county court fining you over a civil matter? ..." It is, isn't it. A CIVIL matter. I will do some digging but whatever you have let me see. Thanks.

Yes, so how can a 'court' fine you? they could (if a properly convened court) 'order' you to pay damages and costs, but fine you? nah

Good luck, but don't pay them a penny! :-)

:peace:
‘Emancipate yourself from mental slavery, no one but ourselves can free our minds’- Robert Nesta Marley (1945 - 1981)

‘All that is required for evil to prevail is for good men to do nothing’ - Edmund Burke (1729 - 1797)
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Re: New Parking ticket

Postby pitano1 » Sun May 19, 2013 5:00 pm

hi phil.
if you are concerned,about you car,why not re-register it in
the xxxxx family trust.?
thats fucks them up a bit.. :clap:

also you may find it handy to copy,and paste some of
this,if you need to write to them ....http://www.natural-person.ca/pdf/Who_Is_You.pdf

chris
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit
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Re: New Parking ticket

Postby Dreadlock » Mon May 20, 2013 2:02 pm

Here's how I handle this rubbish. Write a letter similar to the following:

To whomever this may concern,
On <DATE> <NUMBER> Penalty Charge Notices where delivered to my address by post and addressed to <name of STRAW MAN>. I am returning them refused for cause without dishonour without prejudice without recourse.

At the time of the alleged contravention I was not driving under title or license or carrying out government business and do not consent to any statutes which the Council may think apply. The PCN is unlawful under the English Constitution, see the Bill of Rights 1689. I do not accept your offer to contract and will not be paying the charge.

If you still think that I, <Name of Man>, am liable for the penalty charge, please send me an affidavit stating the facts and any evidence that you have to support your claim. The affidavit must be signed by an authorised officer of the Council, under full commercial liability and penalty of purgery.


They will respond with correspondence, addressed to your straw man, which ignores the all of the above or might claim that it does not apply. This is an attempt by them to gain jurisdiction by having you accept the correspondence.
You have already rebutted their presumption that you were acting in their jurisdiction in the second paragraph of the above quote. Simply open their letter, photocopy/scan it for filing, then put it back in the original envelope and return it "Not at this address; Return to Sender". You are merely telling the truth as the person to whom the letter is addressed had nothing to do with the circumstances of the event. Rinse and repeat with any more correspondence addressed incorrectly, i.e addressed to your straw man.

From my experience they go away after the first "return to sender". I generally put the following information, which is correct and which I found on a very good website, at the end of my initial letter:

Supporting Case Law
In the case of NEIL ANDREW HERRON & another v THE PARKING ADJUDICATOR and SUNDERLAND CITY COUNCIL [2009], MR JUSTICE KEITH stated in paragraph 9 of the Approved Judgement [2009 EWHC 1702 (Admin)]:
“The allegation of lack of independence on the part of parking adjudicators was considered by Collins J in R (Crittenden) v National Parking Adjudication Service [2006] EWHC 2170 (Admin) and on appeal by Scott Baker LJ at [2006] EWCA 1786 (Civ). Permission to proceed with the claim for judicial review was refused. The claim was academic in that case because the parking adjudicator had allowed Mr Crittenden’s appeal, but in any event the court rejected as unarguable the allegation of lack of independence. However, the principal point taken in that case was that the whole system of penalty charges was unlawful because it contravened the prohibition in the Bill of Rights against fines or forfeiture before conviction or judgement against the persons upon whom the fines and forfeiture were to be levied.”
Furthermore, on the subject of whether or not the Bill of Rights has been repealed by the statutory instruments that made parking banditry legal, Lord Justice Laws, in the Divisional Court in the case of the “Metric Martyrs” (sections 62 and 63), 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 judgement 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.”
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Re: New Parking ticket

Postby pedawson » Mon May 20, 2013 4:20 pm

dreadlock, yes I like this, it goes a little way to what I was thinking.

I would like to go the constitutional route, I am thinking, in terms that I am in lawful rebellion, it is my inalienable right to be tried in from of my accuser.

I have also thought in terms of, I have been reported to have caused offence, (committed and offence) I accept that that man or woman is offended and I offer my sincere apologies (without admitting guilt to being offensive), and in respect of remedy if the offence has coursed any harm loss or injury can they stipulate what harm loss or injury was sustained and provide documented evidence so a remedy can be calculated.

There is always the - I do not recognise your company etc, I am in lawful rebellion and I can only be taken to a court that is on a par to a constitutional court, there, there will be constitutional experts etc. Or I could say I have NO confidence in the justice system in the UK and ask that it be heard in the European courts system.

If I go the constitutional route and have it accepted that I am in lawful rebellion I will be bringing in the documents supporting my claim and they will be the treason Docs, AT that point I could bring thousands of men and women in to the court as witness to my claim.

But through all this I will be saying that the are I parked is a disabled / delivery area and I was (Which I was) delivering services to a company in the immediate vicinity. What that was and why that was has fuck all to do with the council.

As I am NOT a voter what gives the council the authority over me - PROVE IT.

Just as a matter of interest, I do not have access to dun and Bradsrteet. Are the west Yorkshire council a business> they may operate under kirklees as a subsidiary or trading as. Has anyone got access and let me know?

I am still going through my options and will be dropping them a line in the next few days, but I am confident they will get a shock when they do.
They WILL fuck up in some way and I WILL take every opportunity to capitalise on it.
Namaste, rev phil;
Don't be surprised to discover that luck favours those who are prepared
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Re: New Parking ticket

Postby pedawson » Mon May 20, 2013 4:31 pm

Oh I will be making it ABSOLUTELY clear that ALL answers, ARE 'carefully considered statements of truth' and the man or woman giving the answer are fully clear and informed that their answers are under full commercial liability and penalty of purgery.

As they ARE competent to serve a notice of a violation or offence they are competent enough to be prosecuted under full commercial liability and penalty of purgery. If when asked about the Acts and STATUTES they either refuse, complain or give misleading information 'Ignorance is NO defence' and I wish to be informed.

I am, when I want to be a DUMB FUCK, and in this case although I am competent to look after myself, I WILL BE THE DUMBEST FUCK THEY HAVE EVER MET, In an intelligent way.

The ART OF WAR, does come in handy even in these circumstances.

Namaste, rev phil;
Don't be surprised to discover that luck favours those who are prepared
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