Draft examination of terms affecting my own PCN's.
I am working on each relevant term in this RTA text, and highlighting meanings in accordance with the OED full edition so as to be clear and unequivocal as to what is permissible in the modulation of meanings that sophists must not use.
For a word to mean something it has both a sense and reference, and a prime exponent of these aspect came from Frege (Sense and Reference) so that a term's reference is the object it refers to; its sense is the way in which it refers to that object; the thought that it expresses.
To strengthen the focus on this one requires absolute fidelity and correspondence between the sense of a meaning and the object so that when a term becomes established into a language it becomes widely accepted in its usage. In the beginning, we pointed to things and uttered sounds or grunts, eventually these sounds became acceptable customary associations giving the very specific sound a particular sense, where its meaning was to be found directly in the object referred to. Ideally the grounds for such expositions are rooted in common nouns. Table provides an instant image of what one has in mind when looking at an object that conforms with the:
OED noun 5. An article of furniture consisting of a flat top of wood, stone, or other solid material, supported on legs or on a central pillar, and used to place things on for various purposes, as for meals.
What I am concerned with here is, 1. the term used is not subject to any other interpretation determined by someone with any kind of agenda other than that of accurate, faithful correspondence with reality.
Thus a 3 legged wooden table means precisely that and not 1 or 4 legged.
Below the term fix 66. -- 1(a). means exactly the highlighted words below, and NOT loosely held under the open end of a windscreen wiper, where if I drove off, the PCN could be easily lost. I kept my plastic bag and PCN, and it shows no sign of sticky tape or other fixing agent as one usually sees when these things are properly fixed to windscreens.
I am looking at the term left below 66.—(2), (a),
OED 7. a. To go away from, quit (a place, person, or thing); to deviate from (a line of road, etc.).
I have in mind here something that could be of serious potential to rebutting some kinds of PCN's
If the term left, is to be understood precisely as denoted below, which it should, excluding other senses like left / right and so on. Then it would appear that a proper understanding for the law on the use here is to understand the contraventions occur when and only when a person departs from the vehicle. So if one is in the vehicle, it would appear the warden might serve a PCN unlawfully since the driver has not left the vehicle. I am aware some wardens will leave a PCN even when a vehicle has been in an accident, broken down or some such duress beyond the capability of the driver, who has to wait with the vehicle. One should not thereafter have to prove a repair service having come out, merely that the vehicle was never left alone. It may sound wild, but I have seen a warden on a TV expose, give a ticket to a motorbike after an accident. The problem about all this is required, and our words are no longer trusted, so why trust theirs, especially when they give out PCN's and say as our council does, they are 'investing in people', GOODNESS! The trouble is that proof now is required and needs to be robust. I have stated elsewhere I carry a recorder with me, and once in Enfield, I faced a stealthy prowler warden on a scooter and told him I was recording the conversation. They cancelled the PCN of course on a trivial excuse, but it worked. They are as afraid of recorders as they used to be afraid of swords!
This means if a person has left the vehicle unattended, and I would, for the nonce, simply dispute the notion that the vehicle has been left, if anyone remains inside it. Going too far? If the council's can ticket a vehicle as soon a it is seen, (the words from my PCN Director) then it is going too far, and requires reciprocation in like for like terms. You will see that exact sentence in Camden's letters to me. And you will also see my response being that I deem harassment to commence, within the statute as soon as I perceive it. I shall traverse every modulation of any term that is not used with strict sense and reference in the ensuing representation. Coming on line in 7 days.
Parking penalties in London.
OED I. To make firm or stable. 1. a. trans. To fasten, make firm or stable in position; to place, attach, or insert and secure against displacement. Const. in, on, to. etc.
(a) fix a penalty charge notice to the vehicle; or
(b) give such a notice to the person appearing to him to be in charge of the vehicle.
(2) For the purposes of this Part of this Act, a penalty charge is payable with respect to a vehicle, by the owner of the vehicle, if—
(a) the vehicle has been left—
(i) otherwise than as authorised by or under any order relating to the designated parking place; or
(ii) beyond the period of parking which has been paid for;
(b) no parking charge payable with respect to the vehicle has been paid; or
(c) there has, with respect to the vehicle, been a contravention of, or failure to comply with, any provision made by or under any order relating to the designated parking place.
(3) A penalty charge notice must state—
(a) the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle;
(b) the amount of the penalty charge which is payable;
(c) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice;
(d) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion;
(e) that, if the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by the London authority on the person appearing to them to be the owner of the vehicle;
(f) the address to which payment of the penalty charge must be sent.