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A.
H. Winter
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Tel:
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email
to: .............................@btinternet.com
S.
Clarke
Camden
Housing,
Customer
services
Copied
to NCP Camden also. FAO Ali.
Mon,
28 Aug 2006 19:29:07
Ref:
AW / 17071926
____________
Dear
Madam / Sir,
Thank
you once again for the respite over the bank holiday from
S....., Ali and the staff mentioned in my last letter, along
with real praise and commendation.
This
letter is NOT
for you, but intended to be read by the 'directing minds' in
the legal departments of both Camden's and NCP's clamping
enforcement management team, NOR is it directed at the wonderful
staff who are doing their jobs professionally.
I apologise I
feel it necessary to write.
I
have resolved to pursue the following course of conduct
primarily due to the enfeebling and degenerative process of my
mobility and heart complaints, because each time I even visit my
doctors, I enter a strokable window merely from the anxiety of
parking problems, they have the alarming records.
I
perceive this situation as being a present and future threat to
my health and life, that while I am of sound mind, I intend to
resolve the problem sooner rather than later. I wish to live the
remainder of my years peaceably, avoiding all areas of conflict,
and at the same time, be allowed to enjoy all the facilities of
movement around my immediate area of useful life, free from let
or hindrance of any odious nature whatsoever. Sometime I cannot
achieve this in areas of ruthless pursuit of revenue for trivia,
especially where an informal appeal is rejected on strict
principle, that can be defeated on the similar grounds. The
council's department is guilty of persistence and vexatious
conduct even by way of delay and willful omission that is fully
perceived. This has to be resolved over the next few years.
Pursuant
to avoiding a situation of potential legal conflict, & due
to the recent attempt to clamp the vehicle parked adjacent to
the stairs and lift in the flats I live in, I have resolved to
definitively clarify my rights under the law, so that they
should not conflict with the Council's and its policy of
enforcement and clamping of vehicles. This has all arisen from a
single instance in delivery of a PCN for a SIXTY second
contravention locally, to which the PCN enforcement department
and the leaders of Camden have taken the resolution to enforce
the contravention while at the same time in my view permitting
themselves to breach the same and other laws in a manner best
suited to the terms “To weed my vice and let their's
grow”.
Since
the law and its application in this area is extremely strict IN
ITS INTERPRETATION for very clear reasons nothing to do with
traffic flow in the side street I was, I have resolved to
examine statutes that are constantly breached, along with
conduct that is inconsistent with the fair use of discretion,
compassion and human tolerance that are well known viable
grounds for accepting an appeal. Since none of these have been
shown me on this issue, I have in that area examined precedent
case laws and relevant PATAS rulings to find their tenability
and logic wholly fallacious. Thus since enforcements, even in
cases, in body of evidence I am gathering, where contraventions
are nonexistent or perfectly innocent, I see that enforcement
proceeds despite all their efforts to appeal informally, and
this persists until proceedings commence at Northampton, and
then on formal discovery of innocence, the motorist is absolved.
Such cases are reliable evidence of pursuit of revenue
despite,and while knowing, the case is unenforceable if truth
were permitted, and the appeals process were fairer.
This
is an egregiously invidious mode of conduct to fellow members of
the innocent community, and those whose offences
are alarmingly trivial as well as being your electorate after
all said and done. Equally, absolving the innocent AFTER putting
them through an atrocious period of avoidable time, trouble and
stress, is in my view, criminal conduct and amounts to
harassment. To conduct oneself in this light without decent
apology, and compensations is equally an injustice, and I
perceiver, as well as the fact that statistically, it has to be
high in numbers, is a widespread derogation and subtraction of
the community. I am of the view a Judge will be seriously
concerned at the evidence I have accruing. Notwithstanding this
being of course a contrary view with the policy makers. I also
find personally I am unable to go about my lawful existence,
that involves if possibly two visits to the park, weekly for
fresh air and change of perspective, my blood pressure is
extremely high due to anxieties associated with the this zero
tolerant penal system, such that I cannot stop the vehicle and
expect a degree of compassion towards the disabled badge. Indeed
there are numerous cases, that show leaving a vehicle perfectly
legitimately parked results in a PCN, that is fought with
voracious appetite due to the council's and clamper's targets.
The press releases concealing this are an increasing trend,
stating the opposite are of such obvious semantics, even to
these whose critical ability is lacking in this area.
In
order you understand me in particular on this issue, I have
serious and frequently terrible periods of extreme immobility
with considerable pain involved, sometime involving weeks at a
time, where I cannot stand up, at all. The entry and exit from
these periods are accompanied by periods of growth and abatement
that make the mobility periods sufficiently strong for me to
need a vehicle very close by, in case I have to go out, which is
rare, since the management of this condition is to observe a
very recumbent lifestyle.
Therefore
the following recital is being made in accordance with Practice
Directions Pre-Action Protocol General 1.4 1, (1), (2), (3). to
future proceedings to give notice of intent, where there is no
forbearance. Please take note of it.
The
following is a recital of my views, and some relevant areas of
statute I shall rely on through the development of this case
already stated towards the PCN & Moving traffic
contravention unit, to which the directing minds at the Clamping
enforcement section of Camden, AND NCP are now included.
I
am stating the following acts as a combination of EU Human
Rights, personal rights, Disabled rights I have, and shall
neither suffer nor tolerate the slightest infringement of them
in pursuit of any revenue driven and prejudicial conduct towards
myself, family or property. This strictness is precisely
determined by the policy of delivery of Notices where I quote
“we can give a PCN the moment a contraventions is
observed”. Thus for reasons of my like strictness to each
term in the law, look within your own policy, and for shame
do NOT ask them of me. .Please note my formal qualifications
in no way reveal sufficient of my critical abilities to perceive
the underlying
(emphasis deliberate), meanings of all semantics in current use
for purpose of misinformation and deception. Logic and semantics
are a speciality of mine, that has
prevailed in over a dozen cases with the largest international
and national institutions I have had to assert my rights
against.
Therefore
please take note; I intend to defend all my rights in
those areas where I perceive their breach by the local council,
as defined in the following enactments. Please treat any section
where relevant as covered by the Freedom of Information Act
2000. I am a law abiding person, and in respect of vehicles have
NO points, nor any criminal record, nor any contravention
spanning an excess of 2 minutes in the past 30 years, and the
vehicular paperwork has been conducted with absolute
professionalism despite the fact that I am aware of a legal
inconsistency and precedent that could enable me to
not even place a
tax disk on any vehicle.
Please
take note formally, as a disabled badge holder, I
DO NOT consent to a clamp, wherever a clamping notice or order
is in place, while having observed it,
I regard it as a trespass in tort and expect freedom
from such derogations under the following statutes, in
particular 4,5,6 & particularly 7.
The
EUHR Convention, Protocol 5 articles 6,8,13,14, particularly in
the remedial aspects of 13 at the highest level in Strasbourg
if necessary, and with note to Proceedings. 7. - (1). and
Human
Rights Act 1998 , Chapter 42, Public authorities 6.
- (1), With respect to this section please note my academic
profile is of passionate focus on Omissions as defined in “
(6) "An act" includes a failure to act“.
Cloaking omissions being an area of focus that the PCN
deportment is showing all the relevant symptoms in the
disgraceful art of suppressio veri.. commonly found in legal
representations of my experience in court, contrary to CPR 36.1
(b), (i). and
Derogations.
14. - (1) of 2. above.
The Road
Traffic Act 1991. 70.— (1) Section 69(1) in respect of
exemption from clamping, as well as sections;
44, -
63A, (1) and
66
subsections with non compliant procedures.
Procedural
defects where temporal breaching is used to exclude legitimate
rights to a hearing.
Disability
Discrimination Act 2005 Chapter 13 PART 5A PUBLIC AUTHORITIES
49A General duty
Duty of
care under Tort law, including acts or more particularly
omissions cloaked in procedure to abrogate and hide
liability.
Torts
(Interference with Goods Act) 1977, where there is a case law
precedent of perfect likeness for clamping.
Should you wish to contest these rights, please
ensure you do so openly and transparently , putting me in my
place appropriately so I know exactly where I stand, in so
doing, please supply me with any Road Traffic or Traffic
Regulation Orders relevant to the areas IN and AROUND
Chamberlain House, namely Ossulston St, Phoenix Rd, and Chalton
St. I cannot be experted to report every moment of disability to
your offices, and have the staff put to the task of making a
special exemption ticket available, despite their wonderful
warmth & kindness and co-operation.
I should mention in
passing, that I have not witnessed any clamping in the area of
Chamberlain House, particularly where there are frequent
visitors and parkers, who use the inner courtyard without
exemption tickets, but the vehicles are Camden's, additionally
many service vehicles and non resident cars. The courtyard has a
surveillance camera enabling me a view a TV scene of the area.
This attempted clamping suggests a very true and real
contrariety of assertions that it is in decline, a common
semantic fallacy of conduct that is unacceptable from anyone in
authority. My vehicle was a particular focus of attention and I
should like to know on whose instructions from NCP's or Camden's
HO this attempt was commenced, where the legitimate conduct
should have been its removal, NOT that is was causing any
obstruction being in a corner beside the dustbins at the end of
the yard. I I were to ever have been removed, I would also not
expect it to be placed in a location of contravention, then
ticketed, which I have evidence of elsewhere.
Omission to treat
this letter shall be deemed as 3. above.
Finally, should this letter come to the
attention of the same legal team handling the NTO I recently
returned, please note I am waiting for the notice of rejection,
where NO grounds for cancellation were provided. This enabled
the service of the rejection notice with complete co-cooperation
from myself as it was made crystal clear that the contravention
was proceeding to enforcement, and that team know full well I
attempted to pay for my hearing, at the full payment level
despite and within the discount period being available to me. A
cancellation at this stage, after a prolonged period of clear
resolute determination followed by a lengthy period of inaction
is stressful for every person who makes such an appeal, but for
me is unacceptable, without unreserved apology and compensation
for avoidable time, trouble and all that partakes of the
procedure willfully delivering precisely this stress, to cause a
victim of such practice a focus on settlement rather than appeal
for his rights.
Yours
Most respectfully,
E
& O I (Relevant omissions INCLUDED)
A..
Winter
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