Admission that parking fines are illegal
#1
Admission that parking fines are illegal
As some are aware I, and many others, are of the view that decriminalised parking fines are illegal under the Bill of Rights. However the situation has never been totally clear because cases never come to court lest precedent be set. A chap called Alan Waring who is in dispute with Chorley Council recently recieved a letter from Parkwise, who administer the parking in the area, concerning his Bill of Rights defence. The letter stated the following:
"You and your counsel are correct in your summation of the Bill of Rights Act and no-one may issue fines except by the judgment of a court.
However, this Council does not issue fines we issue penalty charge notices."
This has certainly opened up a BIG can of worms as it is the first admission we have seen from them that their fines are illegal. Of course using the modern technique of calling something you don't like by a different name (Is that how spin works?) they state they are not issuing fines. However the Bill of Rights makes following illegal:
'all grants and promises of fines and forfeitures before conviction...'
So, it looks like no matter what you call the fine it is still illegal.
Certainly interesting times in the struggle against the right for randomly selected people to issue random fines to random motorists. However, anyone facing parking fines, and especially unjust parking fines implemented so some warden can meet a quota, should pay particular attention to their fundamental rights under the Bill of Rights. While your parking may have been dodgy it is well possible that the only illegal aspect to the situation was their fine.
"You and your counsel are correct in your summation of the Bill of Rights Act and no-one may issue fines except by the judgment of a court.
However, this Council does not issue fines we issue penalty charge notices."
This has certainly opened up a BIG can of worms as it is the first admission we have seen from them that their fines are illegal. Of course using the modern technique of calling something you don't like by a different name (Is that how spin works?) they state they are not issuing fines. However the Bill of Rights makes following illegal:
'all grants and promises of fines and forfeitures before conviction...'
So, it looks like no matter what you call the fine it is still illegal.
Certainly interesting times in the struggle against the right for randomly selected people to issue random fines to random motorists. However, anyone facing parking fines, and especially unjust parking fines implemented so some warden can meet a quota, should pay particular attention to their fundamental rights under the Bill of Rights. While your parking may have been dodgy it is well possible that the only illegal aspect to the situation was their fine.
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When the wardens stopped respecting common sense towards the public in the pursuit of revenue, was when the law abiding general public started to lose respect for these minor authorities
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Originally Posted by Jay m A
When the wardens stopped respecting common sense towards the public in the pursuit of revenue, was when the law abiding general public started to lose respect for these minor authorities
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#9
Last week a friend parked in a layby where he was directed by a car dealer. He found his car was clamped and the two characters in a white van demanded over £300 to release him! He 'phoned their office which was a mobile number of course and the so called boss said he had to pay.
It took the man who rents the place where the layby was to ring up the "boss" and tell him that my friend was a customer of his to get the clamp removed.
This was in Windsor and I wonder if these clampers are licensed by the Council to clamp cars and to charge a sum like £300+ to release the car!
Les
It took the man who rents the place where the layby was to ring up the "boss" and tell him that my friend was a customer of his to get the clamp removed.
This was in Windsor and I wonder if these clampers are licensed by the Council to clamp cars and to charge a sum like £300+ to release the car!
Les
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I dug in deep with my fine and got off with it. These people make money off people that just roll over and take it. In the same way that company's make extra money by ripping people off and assuming they will do nothing about it. I'm curently fighting two of the b*ggers!
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toyney83
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02 October 2015 08:38 PM