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BoR
1688 & RTA 1991, parking fines illegal appeal NOW
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3,
4,
5,
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theycantdothat
Joined:
17 Oct 2005
Posts: 417
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Posted:
Thu Jul 20, 2006 9:21 pm Post subject:
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I have set out several
cases where the modern law is clearly in conflict with the
Bill of Rights if every word in the Bill of Rights is to be
taken at face value and applied to the whole of the law.
The Bill of Rights was a document to set out the
terms on which William and Mary should rule after they had
usurped the throne from James II and to establish the
succession. It does not set out principles with which all
laws must conform.
It is really very simple: if
parliament has given local authorities the power to raise
fines in a certain way then they may do so.
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Tony
Joined:
02 Jul 2006
Posts: 34
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Posted:
Thu Jul 20, 2006 9:26 pm Post subject:
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Hi, Tortus,
I
regret very much it appears time to say it.
I think
theycantdothat has an identity crisis, with a name theycant
and all arguments showing theyCAN,
also, as I said earlier, and now repeat for the 4th time, he
IS lost in a sea of words whose meanings elude him, and
getting drowned in gibberish. Because he is a believer that
'and' MEANS 'or' and such like things, relying on authorities
that have URL's with OPINIONS, and LO MORALES in them for his
better judgments. I do see where he is coming from.
The problem is that in all this wonderful omniscience
he is displaying, for some time now his nescience has been
showing through without self-awareness.
Actually
he has all the answers already printed previously, and
I think in his world he can answer everything
perfectly to his OWN satisfaction, and doesn't really
need us. Because in HIS magic world, you see, he can change
the meaning of any word to anything else and come up with
complete solutions that are outside the entire western world
of philosophy this past few thousand years. I did say Alice
in Wonderland somewhere back. It's a new world and a new
philosophy, I don't doubt with all that identity crisis and
word flexibility he can defeat Heraclitus, Plato, Socrates,
Aristotle, Chaucer, Shakespeare, Einstein, and we should all
be looking to him as the new leadership.
I think he
deserves an award for trying don't you?
A really
fascinating person? Must be the favourite at a party.
This
will have the merit of going on my own site soon.
Look at
the title of this thread, where it’s stated parking
fines are illegal and void, pointing to the contradiction
between the DoR and thw RTA, and now we have this
quote below: He’s supposed to have been arguing; and
we might just be convinced of the truth of it soon, what the
title said ALL ALONG!
Regards Tortus,
and BTW
theycantsdothat, where has all that brevity gone, your
disappointing dls?
The last post, where Parliament gives
all the powers, is not in dispute, do try and look back at
how that was explained, in what they DO, and how it is
consistent with what they say. De facto, de jure!
I
thought they brought latin in so that only God and the Devil
understood what was being said.
If the law says thou
shall not kill, that hasn't stopped anyone from killing since
humanity fought for territory. It's not the issue. The issue
is
reconcile
the actions with the words, the contradiction......
nobody has done that yet.
When I started this thread
it was all about the conflict, indeed contradiction between
the DoR and RTA, and NOW theycantdothat has come full circle
taking the argument as HIS OWN to fight! Against the
originator. So we, I presume have to take up HIS mode now of
jellied eel meanings.
All this time, theycantdothat has
been telling us off for what he now agrees with. Reproved
with our own reproof now, { Shakespeare Comedy of Errors
}, even more fascinating than ever.
Look at what
theycantdothat NOW says..............
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I
have set out several cases where the modern law is
clearly in conflict with the Bill of Rights
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.
I gave him SEVEN cases, and I guess I shall soon be told
that he gave them all to me? He was on my side all the time?
Really lovely stuff, the essence of mirth.
Is that ME
saying it or what?
_________________
Tony
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theycantdothat
Joined:
17 Oct 2005
Posts: 417
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Posted:
Fri Jul 21, 2006 1:59 am Post subject:
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You are hoist by your
own petard. You accuse others of using the ad hominem
argument (when they never have) and attack me for the
fanciful name that I choose to use as if it somehow
undermines my argument.
You have failed to address
any of the arguments I have put forward and misrepresent
everything I say.
I am a lawyer and a good, but not
infallible, one. I choose my words carefully. Let me set out
what I said above in a slightly different format:
I
have set out several cases where the modern law is clearly in
conflict with the Bill of Rights if every word in the Bill of
Rights is:
(a) to be taken at face value; and
(b)
applied to the whole of the law.
This is not the
same thing at all as saying that the RTA is in conflict with
the Bill of Rights. The RTA is only in conflict with the Bill
of Rights if the Bill of Rights is some sort of charter that
sets out principles to which Acts of Parliament must adhere
and the RTA conflicts with one or more of those principles.
No such principles are set out in the Bill of Rights. It is
not a document like the American Constution to which the
courts may refer to strike down legislation.
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Tony
Joined:
02 Jul 2006
Posts: 34
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Posted:
Fri Jul 21, 2006 12:53 pm Post subject:
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Thanks,
theycantdothat, for this!
I am very pleased now that you
at least THINK you have made a valid point. You have given me
an opportunity to show HOW one should aplogise IF one errs,
and I don't think I have, YET! No one here has shown any
serious moral courage in trying it out.
You will
see on page 2 of this thread, (the one Posted: Wed Jul 12,
2006 10:50 am, beginning with Gentlemen, ), I had, but as
usual you miss it, already apologised
in ADVANCE with the comment: E & OI, apologies for any
typos, etc., which carried itself forward to all my ensuing
remarks. If I did in any way offend your person, I
apologise, that was NOT the intent. And I think you have a
very tough skin to take it anyway, because most valid
argument forms bounce off you like water on a duck's back,
not even addressing them. Now that's out of the way, let's
have another look at your latest arguments and their
strengths. To iterate, as is generally required here, three
times NOT being enough, E & OI, apologies for any typos,
etc. AGAIN.........
Any comment I made thus far, was
always in the frame ceteris paribus, and I want you to try
this time, to look with a focus, setting aside your
evident tendency in chop and balk-logic, for a moment and try
hard to understand what is being said. Do try., because I am
more a friend to you than you would think. Below **** This
has to be necessarily longer this time, but time and space do
not allow me to write the sort of complete dissertation it
requires, so the focus will be limited and salient.. I don't
by now expect any answer that addresses the points I make,
giving that up a long time ago, so the readers can make their
own minds up on the veracity of the arguments in tender.
1.You say, { I am hoist with my own petard },
having used an 'argumentum ad hominem'. AS
IF it's true by just just saying it?
......a)It's inaccurate in two areas, the assertions were
in the frame of an 'appeal to ridicule', an entirely
different fallacy, and
.......b)The comments were well
correlated and long in coming. I think any serious reader
of this thread, will have hardly needed me to point it out,
Tortus saw it as well, which cracked the peer pressure of
argument fallacies by majority. This is all about what
THEY say and Do, and what YOU say,
and do, the same conflict shown throughout this thread
on the conflicts between 'de facto' and de jure'. NOT your
person, your public persona title and your arguments in the
contrary! Is that quite clear? Moving your arguments from
positive to negative, and vice versa.
......c)You
announce you are a lawyer, NOW giving weight with an argument
of authority, another fallacious form,
{ I am a lawyer and a good, but not infallible, one. }. CAN
you PROVE the invalidity of the contention? That's the
question? Telling us all you are a lawyer is NOT an argument,
its an appeal to authority in the art of persuasion. I HOPE
you see that. So I was pleased, for you, to note you're
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GOOD,
but not infallible,
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this will be a great
re-assurance to all readers here, who will I suspect be
queuing for you to represent them in their next case.
......d)If you are a good lawyer, then what
on EARTH are you doing, daily, on this forum,
when you have a a case of briefs, and a successful
practice to run?
......e)Why do I get the feeling
that you are actually trying to 'sharpen your teeth' here in
the art of questionable advocacy?
2.Next the comments
were NOT made TO YOU, if you care to look back, you
will see I was talking to Tortus! Correct?
3.More
importantly, let's look at their validity.
......a)YOU
SAY, Do you DENY IT? { Nevertheless, in order to effectuate
the intention of the parties to an instrument, a testator, or
a legislature, as the case may be, the word 'and' is
sometimes construed to mean "or." }. So it follows
what I said was true.
......b)Your name is
theycantdothat, and your arguments show they candothat, Apart
from your last reversal. Do you DENY IT?
......c)You say
in your last thread, { I have set out several
cases }( only ONE to be precise that I can identify,
against my SEVEN. ) where the
modern law is clearly in conflict with the Bill of Rights.
BUT you say { I choose my words carefully. }
.......d)You also say in your last thread, {
It is really very simple: if parliament has given local
authorities the power to raise fines in a certain way then
they may do so.
} which merely confirms all the points I have made
previously and re-iterated going back and highlighting in
blue and red. So it follows, does it not? From that argument
that 'Parliament is sovereign' that if they give certain
persons the power to behead innocent people, get cash in
exchange for honours, confuse people with spin when there are
perfectly sound reliable truths, provide a means for
councils, ( I prefer that term council, since authority for
me has to be EARNED) to plunder revenue in the excessive
use of trivial cause, uses public expenses to finance
personal mortgages, and so on, the list is endless.......
That's perfectly OK by you.
......e)You say { It
does not set out principles with which all laws must conform.
} referring to the BILL of rights, where the majority if not
all of my usages of the terms have been the DECLARATION, DoR
as opposed to the BILL. A distinction you should
appreciate as a lawyer.
Finally, as this could become far
too tedious for both reader and writer. You say { You accuse
others of using the ad hominem argument (when
they never have) } showing a want & confusion of
knowledge on fallacies, and which of the 60 of them to
identify in relying on the assertion.
So NOBODY
committed any fallacy. BUT of COURSE,
dls's contradiction was merely a game of semantics, without
any correspondence on truth or reality and your variable
usage of terms like 'and'
meaning 'or'
relying on some attorneys argument that impressed you, is
supposed to be an authority that we all must bow to, just
like Parliament's sovereignty MUST NOT be questioned, that is
one of your arguments is it not?
You, theycantdothat,
say
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then
they may do so
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. confident that their
supremecy is unquestionable, SO on the matter of repealing
the DoR, what's the big problem, the legislature only has to
alter the RTA specific areas and insert
“This
section REPEALS any former enactments, contracts,
constitutional instruments or statutes, and the problems is
solved for good”. WHY can't anyone do that
please?
ONE sentence, that's all,
its ridiculously simple. They do it anyway, all that's
required is they say so at the same time, then quite
magically they vacate the position of being hypocritical. The
solution is provided for them.
Sorry you failed
to turn the tide of cogent argument, not putting forward any
serous authority to rely on, in addition to which your
silence on the issues of deplorable conduct in society today,
while comment to the contrary has not yet drawn a single
mark of disapprobation, THAT alone is quite remarkable
for a title public persona, theycantdothat. Do you see the
inconsistencies?
OF COURSE NOT.
Tenacity in a lawyer
is admirable, but without cogency it's just stubbornness IN
MY VIEW.
T
A PS to the new thread 'free for all',
which is better suited to your qualities. I feel you will be
happier there, as all your questions have been addressed on
this thread, more than 3 times over. Enough material to keep
you answering your own questions for some time to come,
hopefully. When I began this thread I mentioned that some
sections of the RTA are invalid.
[
PARKING] There are sections on speed driving and
without due care and attention that are in the categories of
the DoR in that they DO require prior conviction.
Those were obviously excluded from the
inconsistencies................. or was that ignored TOO?
****
DUKE. I know thee well. How dost
thou, my good fellow?
CLOWN. Truly, sir, the better for
my foes and the worse for my
friends.
DUKE. Just the
contrary: the better for thy friends.
CLOWN. No, sir, the
worse.
DUKE. How can that be?
CLOWN. Marry, sir, they
praise me and make an ass of me. Now my
foes tell me
plainly I am an ass; so that by my foes, sir, I
profit in
the knowledge of myself, and by my friends I am abused;
so
that, conclusions to be as kisses, if your four negatives
make
your two affirmatives, why then, the worse for my
friends, and
the better for my foes.
DUKE. Why, this
is excellent.
_________________
Tony
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theycantdothat
Joined:
17 Oct 2005
Posts: 417
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Posted:
Fri Jul 21, 2006 7:47 pm Post subject:
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Away for two weeks -
will pop into Lincoln's Inn for an opinion.
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Tony
Joined:
02 Jul 2006
Posts: 34
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Posted:
Fri Jul 21, 2006 8:45 pm Post subject:
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Thanks for that!
I
haven't asked and don't need it though. I have in my
acquaintance a Judge, Criminal Lawyer, (at Lincoln's Inn), a
Magistrate, and 3 solicitors. If I need legal opinion I would
ask there myself, but in the area of logic, there is no such
profession, and a university is probably the best place.
That, is my primary area of interest.
Do have a nice
break, and best wishes.
Tony
I
have left this reply to your comment on 50% of lawyers losing
under my last post, so your name remains tha last on the
list......................
Thanks,
again.
Interesting
notion, I am
not a lawyer so wouldn't be in contact with such a particular
statistic!
However for some very
successful lawyers,
I
suspect their quota of losses is smaller than 50%, otherwise
the term success would be inappropriate.
T
_________________
Tony
Last
edited by Tony on Fri Jul 21, 2006 10:22 pm; edited 2 times
in total
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theycantdothat
Joined:
17 Oct 2005
Posts: 417
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Posted:
Fri Jul 21, 2006 10:06 pm Post subject:
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Always remember that
half of the lawyers who go to court lose.
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dls
Site
Admin
Joined: 10 Apr 2005
Posts: 2789
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Posted:
Sat Jul 22, 2006 7:41 am Post subject:
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I am sorry, but saying
a good lawyer will achieve better than 50% success is
nonsense.
First, some of the best laywers take on
the most difficult cases - those where things are apparently
hopeless. They fight when a fight must be had, and do what
can be done, and better. They can be the best lawyers in the
world, and have a miserable success rate.
No-win-no-fee
lawyers would cry if their success rate went below 90%. They
pick only cases they know they will win.
How is
success measured?
Your parking fine chum actually
lost the case we keep hearing about, but he counted it a
success. He may well be entitled to do so because in that
context smaller targets were hit which themselves count as
successes.
At one point in my career, I won thirteen
crown court trials in a row. That did not make me either a
top lawyer, or a cheating sod. The most it did was to break
the bank because it came only with work for which the system
would not pay.
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Tony
Joined:
02 Jul 2006
Posts: 34
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Posted:
Sat Jul 22, 2006 11:15 am Post subject:
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Hi,
Back? Still
with unfinished business.
Well, the variables that
measure success, do adjust themselves for each situation and
each cluster of core values. Robin, is a brief acquaintance,
I wouldn't describe him as a chum. BUT his success or lack of
it, was that his PCN was cancelled OF COURSE, and he drives
as I said before, WITHOUT a tax disk, for many years now,
parking in front of a police station, where they turn the
other way. If you consider that all FAILURE then it has to be
said we measure things differently, and your focus is
coloured with bias. Nobody would expect to take an appeal to
any adjudicator or HC judge without expecting to be
dismissed, because the system is so riddled with agenda
driven programs, that Force, Power, Position in society and
other factors still weigh in the balance keeping truth from
coming to light. Once one sees the uneven playing ground, a
sort of handicap applies just like in any sports
arena. So an invalid may win a race by being second at the
finishing line.
What he saw, and many others of us
too, is that a system filled with questionable integrity from
the top downwards, cannot be taken lying down, it requires
some effort on the part of a few to resist. The principle
“What they do to one of us, they do to all of us, and
you may NOT side with the powerful against the weak”,
is a laudable enterprise that has met with precisely NO
success here.
What we have seen here, is that such
efforts are disparaged, with notions that parliament IS
supreme, where that notion only applies to its POWER not its
integrity or abuses. And all participents have joined in to
say,give up the fight, it's been done before, and such like
arguments that are a concern on a site that ought to be
supporting victims of abuse, and ignorance. Especially where
the abuse arises as it does frequently, from an asymmetry of
information weighing against the victim, abuse with full
knowledge by the perpetrator, and the 'trator', bit is
significant here, because there is an abrogation of any
notions of noblesse oblige. I get the constant feeling that
all my contenders here are more concerned with scoring
points, against me, than helping others, which was my main
thrust.
What I can't tolerate is innocent people
being taken advantage of, in their comparative ignorance in
one field, where they may be experts in another, by a system
in want of common decent values towards each other. This is
the notion that has struck such discord here, and partly the
reason this thread has had a rapid number of views. You do
excellent work elsewhere, but on this thread your core
approach appears different, both in its origin of mistaken
assertions, as aforementioned because you are busy, that
could have damaging effects on those who may believe it, and
thereby compound the error, because you are not prepared to
face a simple mistake, clear it, and move on to better
things.
What I would like to ask you, since it is
uncharted territory for me, is actually a point concerning
your experience and as I said, EXCELLENT work on other
threads. Would you care to give a bit of your knowledge in a
good cause, or prefer to withhold it for this thread?
You
refer to a case
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Marina
Helen Vine -v- London Borough of Waltham Forest [2000] EWCA
Civ 106; [2000] 1 WLR 2383
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that concerns
a clamp applied to a vehicle where no signs, clamping in
operation, were seen.
My son has a friend at UNI, who
received such a clamp where NO signs were/are present, not
visible, simply NOT present. This case precedent would appear
to help them retrieve their payment, as you will know,
students don't have much money, and this was done at 12.08
midnight, which if correct, was taken illegally. Can you be
so kind as to confirm if the plaintiff in that case, had her
claim upheld and received her money back? It is not very
clear on cursory reading, and the case only appears in your
indexes, a far as I can see.
That for me, would expunge
much between us, since you will be helping the weak against
the powerful.
I wonder if you have a comment, perhaps
less tinged with acerbic thrust on this? It helps others, and
fits with the purposes I think you are happy to consider.
I
look forward to your response with
interest.
_________________
Tony
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Tortus
Joined:
15 Jul 2006
Posts: 23
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Posted:
Sun Jul 23, 2006 11:50 am Post subject:
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theycantdothat
wrote:
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Away
for two weeks - will pop into Lincoln's Inn for an opinion.
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Yes, I hope
you enjoy your break theycantdothat; assuming it is a break
or holiday or something.
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Tony
Joined:
02 Jul 2006
Posts: 34
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Posted:
Sat Aug 19, 2006 10:39 am Post subject:
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A bit of what is
called here, rhetoric, but I call wisdom, and a bit of what I
call high fidelity, rather than low variance of the meaning
of words. It's a small update to conclude what I have been
well aware of this past few weeks and months, with more in
the pipeline. I wonder if anyone will see fit to promote the
thread and get a brief period of respite for the motorist who
gets plundered for trivia, sorry.... money.
I don't mean
the motorist who deserves his awards, I mean all those who
get penalised for being between 1 second and 5 minutes on a
parking meter overstay, or where the period of grace on a
main street is sacrificed for a laugh and a quick 50 quid!
Better still all those motorists who get tickets where they
parked legally, and returned to find yellow lines painted
around the car, and THEN
a PCN issued.
For anyone with a NON-compliant PCN, where there is
NO
DATE of ISSUE,
or DATE OF NOTICE then appeal letters are already available
at http://www.logiclaw.co.uk/arg4dor/TemplateLetters.html
Copy
, cut and paste. It's far from perfect, but IT IS FREE,
and will serve to send your vote to the councils on how you
feel about the ticketing system.
The critical area to
study is the two alternatives.
In particular, the
judge held that if a PCN did not have the date
of issue (or date of notice)
as
well as the date of contravention explicitly shown then the
PCN becomes a nullity.
ALSO.
He also indicated that the date
of notice
had
to appear on the main body of the ticket rather than just in
the tear-off payment slip.
Note that Camden's PCN's have the date of notice on the
rear of the PCN, main body, NO date of issue anywhere, These
appear to be substantially compliant.
However,
The Royal parks, Greenwich, Hyde and Regent's parks are VERY
doubtful. I have seen the same wardens on both Regents and
Hyde parks, and I asked a friend to give me a blank two days
ago, it had date of issue ONLY on the tear off stub. If you
have one of these, then it's likely to a NULLITY, their word
for my expression - enforceable only illegally -.
For me the key equivocal words are MAIN BODY, or
reverse, and EXPLICITLY rather than hidden away.
I
will this week (not here), show you the face of british
justice, (lower caps intended) in the want of remorse, denial
of there being any problem, pursuing knowingly these illegal
enforcements, and not paying back those already having been
mugged. IN A FAIR TRIAL, such lack of remorse would increase
the sentence, but not here, there's MONEY involved, and
integrity can go in the dustbin.
Instalments coming
this weekend and week ahead, (elsewhere) I will show you the
face and very heart of our Janus system.
to
hold, as
'twere, the mirror up to nature; to show Virtue
her own feature,
scorn
her own image,
and the
very age and body of the time his
form and pressure.
Barnet V Moses Judicial Review ALG letter to the
Boroughs
Posted on Friday, August 18 @ 17:11:57 BST by
pulpsimon
Nick Lester - Head of Transport &
Environment Committee writes:- Dear Colleague
London
Borough of Barnet Judicial Review I am writing further to my
letter of 3 May 2006 now that the result of the judicial
review requested by LB Barnet with respect to the Moses case
has been decided. The judgement in the High Court upheld the
adjudicator’s decision in the Moses case, with no
substantial differences. In particular, the judge held that
if a PCN did not have the date of issue (or date of notice)
as well as the date of contravention explicitly shown then
the PCN becomes a nullity. I attach a brief note of the
judgement as we have yet to receive a transcript.
As
my letter of 3rd May said, those boroughs where PCNs have
complied with this requirement to the effect that they have
no open cases with non-compliant PCNs will not be affected.
Boroughs with open non-compliant PCNs do need to give careful
consideration to their future actions and are recommended to
seek their own legal advice. This letter should not be taken
as formal legal advice. My own views are:
Boroughs should
ensure that their PCN format complies with the Al’s Bar
decision as a matter of urgency (ie that the PCN contains
both a date of issue (or notice) and a date of contravention,
even where these are the same).
Boroughs should ensure
that they do not issue any further PCNs that do not comply,
even if this means suspending enforcement pending a redesign
of the notice. The court’s decision makes clear that
any non-compliant PCNs are a nullity. It is also clear that
by “substantially compliant” the court means that
the PCN must wholly comply with the Act in substance (but not
necessarily literally) rather than meaning that if it almost
meets the requirements (say to 90% or 95%) then that is
sufficient.
Boroughs may not enforce non-compliant PCNs.
This means that no NtOs or charge certificates should be sent
out, nor should debt registrations or bailiff’s
warrants be sought with respect to non-compliant PCNs.
Boroughs may continue to receive payments made against
non-compliant PCNs and do not need to refund any payments
already made. The adjudicators have already considered, and
rejected, a bid to re-open previously closed cases on this
issue.
Some boroughs have also raised with me the
question of whether the adjudicator can allow appeal on the
basis of an argument which has not been raised by the
appellant at any stage. The Moses case judgement did not
touch on this matter and this has not been raised as a focus
of any judgements so far. Where court rulings have referred
to this matter the references are conflicting. Clearly a
further judicial review would be needed to settle the issue
once and for all but in view of the outcomes of judicial
action so far, I would not recommend this course of action as
part of this case as, whatever the outcome, it would not
reflect well upon the boroughs. As always, should anyone wish
to discuss this issue, please feel free to contact me. Yours
sincerely
Nick Lester
Director, Transport,
Environment and Planning
Enc.
BARNET JR
JUDGEMENT 02 AUGUST 2006
1. INTRODUCTION Mr Justice
Jackson set out the requirements of a Penalty Charge Notice,
as defined in S66(3) of the Road Traffic Act 1991, and in the
extension of decriminalised enforcement by the LLA Act 2000
to include service of PCNs by post.
2. THE FACTS Mr
Justice Jackson went through the wordings of the PCNs at
issue in detail. He pointed out that all the parties had
agreed that, in the case of the second PCN, the motorist (Mr
Moses) had driven away before the PCN could be issued. In
both cases, the motorist made representations to Barnet,
which were rejected. He then appealed to the Parking
Adjudicator. The Adjudicator allowed the appeals against both
PCNs, on the facts of each case and because he found that the
wording of the PCNs (failure to specify a date of notice)
made them invalid. Barnet accepted the direction on both
decisions, but applied for review on the grounds that the
Adjudicator had erred in his interpretation of the law and
that the PCNs were valid. Barnet did not request an oral
hearing of the review application, and did not submit further
evidence. The application was dismissed by another
Adjudicator, who drew on an earlier decision (Al’s Bar
v. Wandsworth) in stating that the wording of a PCN needed to
show substantial compliance with the statutory requirements.
He emphasised the need for certainty.
3. PRESENT
PROCEEDINGS Barnet claim that their PCNS were “substantially
compliant”. They said that the way time limits were
described on the Notice effectively added an extra day to the
statutory requirement, but that this did not matter as it did
not cause prejudice to the motorist. Mr Justice Jackson noted
the “helpful background” set out in the Chief
Adjudicator’s acknowledgement of service and noted that
Barnet’s new PCN does comply with the statutory
requirements.
4. DATE OF NOTICE The judge
referred back to the RTA ’91 requirements of s.66(3)
and confirmed that the date of notice must be on the charge,
otherwise the statutory purpose of sections 66((3) c-e is
thwarted. He went on to explain that the date of
contravention and the date of notice are usually the same,
but not always because of the question of postal issue and if
a contravention was observed just before midnight, but the
PCN issue just after. He also indicated that the date of
notice had to appear on the main body of the ticket rather
than just in the tear-off payment slip. To illustrate this,
he mentioned in detail the example contained in the Al’s
Bar decision of a motorist returning the slip with payment,
and then wishing to dispute the Council’s refusal to
accept a discounted payment. Mr Justice Jackson mentioned
that the requirement of the two dates, (contravention and
notice), had been mentioned by Adjudicators on more than one
occasion. He emphasised that the statutory requirement of the
form of the PCN were simple and clear – compliance was
not difficult and a specimen form had been available for more
than 10 years. Enforcing authorities therefore had no excuses
for non-compliance. The Barnet PCN showed the date of the
contravention, but not of the notice, therefore was not
substantially compliant. Mr Justice Jackson concluded this
section of his judgement by stating that the question of
relevance did not arise because the statutory conditions of
the notice were not met, therefore financial liability did
not arise.
5. EFFECT OF EXTRA DAY The judge stated
that, in the light of his decision, there was no need to pass
judgement on the “effect of the extra day” in the
wording of Barnet’s PCN. He stated that it would be
necessary to consider further evidence to discover whether,
in the case of Barnet enforcement procedures, a prejudice did
occur, but that this was not necessary as he had already
found that the PCNs were non-compliant.
6. CONCLUSION
Barnet’s application for Judicial review was dismissed.
Leave to appeal against the judgement was
refused.
_________________
Tony
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cogito
ergo doleo
Joined:
13 May 2006
Posts: 174
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Posted:
Sat Aug 19, 2006 9:37 pm Post subject:
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If I contact the
Guiness Book of Records to claim a record that I have not
actually performed, would I get any money from
them?
_________________
Intelligence is knowing that a
banana is a herb. wisdom is not boring everyone else about
it.
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Tortus
Joined:
15 Jul 2006
Posts: 23
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Posted:
Tue Aug 22, 2006 6:20 am Post subject:
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cogito ergo doleo
wrote:
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If
I contact the Guiness Book of Records to claim a record that
I have not actually performed, would I get any money from
them?
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???
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Tony
Joined:
02 Jul 2006
Posts: 34
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Posted:
Tue Aug 22, 2006 9:15 am Post subject:
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It's clear and
unsubtle.
More from me, 5 FOuR
3,
If
1.A tomato is a fruit, and
2.cerebration, that's so subtracting
3.leads
one to “a word and a blow.”,
4.It's better to “vent one's
folly somewhere else.”
...........................!
5.“Look he's
winding up the watch of his wit; by and by it will
strike.”
_________________
Tony
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dls
Site
Admin
Joined: 10 Apr 2005
Posts: 2789
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Posted:
Tue Aug 22, 2006 2:32 pm Post subject:
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This is (all of it)
entirely surreal.
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