Help with fighting PCNs, NTOs

[goodfcontired]

In November 2011 I received 2 PCNs near to where I work for parking on a single yellow line during the restricted hour. I challenged the PCNs but the Council decided not to cancel them and sent me the NTOs. Instead of making formal representations against the PCNs, NTOs I would like to fight them by writing letters to the Council and using the advice in the postings on this website and citing Bill of Rights and/or asking for proof of claims and/or offering conditional acceptance etc., but having already admitted to being on the single yellow line in both challenges, could this method still be successful or would it be a waste of my time, in which case I’ll make a formal representation against them and hope for the best?

If there is the possibility of still being successful by writing to the Council should I return and enclose the NTOs in with my letters or retain them?

Full information on the PCNs if required, is in posting ‘2 PCNs, grateful for any help for remedy’.

Thanks

[star3t]

I have some interesting docs you may find interesting for PCN. PM your email if you require looking at them

[ceylon]

if you write to the fake court and tell them you never got the nto it should be thrown out

[goodfcontired]

Thanks again for your reply and also to star3t for your guidance and assistance. I’m not sure at which stage I should write to the fake court or what info I should tell them I never got. Would it be possible for you to provide any more details?

Please note I did not return the NTOs and therefore did not make representations against the PCNs and I had already sent the letter below to the council for each PCN separately, but yesterday I received a ‘Notice Of Rejection Of Representations against Notice To Owner’ to both letters in one envelope stating I was given a parking ticket for parking on a single yellow line at a time when I was not allowed to park there and a blue badge was not displayed, and they enclosed a copy of the statutory Instruments 2002 No.2184 ROAD TRAFFIC, that they say, I requested under the Freedom of Information, but not sure this is what I requested. They also enclosed a green and white Traffic Penalty Tribunal form.

NOTICE TO RECTIFY YOUR ERROR

Parking Services
Borough Council address

My Ref: XXX/XXX

Notice: Date
Re: PENALTY CHARGE NOTICE: XXXXXXXXXX

Dear XXX Borough Council

“NOTICE TO AGENT IS NOTICE TO PRINCIPAL, NOTICE TO PRINCIPAL IS NOTICE TO AGENT”

I am writing with regard to Penalty Charge Notice XXXXXXXXXX dated 07/11/11 for which I have recently received your communication (Notice To Owner for unpaid penalty charge (parking)).

I am formally contesting the validity of the PCN as I believe that no individual company has the right to demand money from me for an alleged offence which has not been proven in a Court of Law as stated in section 12 of the Bill of Rights Act 1689 enacted and formally entered into Statute following the Declaration of Rights 1689:
“That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegal and void.”

This states that a conviction in a court of law is necessary before a fine or forfeit can be imposed. As you will be aware, the Bill of Rights is a "constitutional statue" and may not be repealed impliedly, as stated in the "Metric Martyrs" Judgment in the Divisional Court (18th February 2002) by Lord Justice Laws and Mr. Justice Crane, A copy of the judgment's relevant sections 62 and 63 follows:
62. "We should recognise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional statutes." The special status of constitutional statutes follows the special status of constitutional rights. Examples are the . . . Bill of Rights 1689 . . ."
63. "Ordinary statutes may be impliedly repealed. Constitutional statutes may not . . ."
On 21 July 1993, the Speaker of The House of Commons issued a reminder to the courts. Betty Boothroyd said: "There has of course been no amendment to The Bill of Rights . . . the House is entitled to expect that The Bill of Rights will be fully respected by all those appearing before the courts."

Therefore, it may appear that XXX Borough Council and its agents have no legal or lawful authority to demand money for an alleged infringement that has not been dealt with by a Court of Law with a judge and jury.

I also draw your attention to The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of :
(1) of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(2) of the enforcement of any liability by legal process.
It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

Please be mindful that producing misleading, aggressive and threatening contractual business offers designed to appear as a fine in order to frighten and coerce the recipient into paying without issue is not lawful.

I would therefore like to give you the opportunity to rectify your error by cancelling the Penalty Charge Notice and in return I shall agree to end the matter there.

Also, under the Freedom of Information Act, I would like to know:

1) Has XXX Borough Council resolved to introduce a Special Parking Area (SPA) pursuant to the provisions of the Road Traffic Act 1991 (RTA91) to allow the authority to implement an on-street decriminalised parking enforcement regime?

2) If yes, when? And what documentation is available to confirm this?

I hereby give you TEN (10) days to respond to the above and look forward to hearing from you.

Yours faithfully,

Name Surname

All Rights Reserved
***********

Any further assistance and guidance would be greatly appreciated.

Thanks

[ceylon]

Notice to Owner

[goodfcontired]

Hi Ceylon,

I have now received the 'Charge Certificates' for both PCNs. I also received another PCN in my home town which I returned 'refused for cause' etc., within 72 hrs, which they ignored by sending me NTO, which after opening, I returned to them 'No Contract - Return To Sender', which they ignored by sending me the 'Charge Certificate'.

In all of these cases do I write to the fake court now, after receiving the 'Charge Certificate' to say I didn't recieve the NTOs or do I wait to hear from the fake court first?

Thanks

[wishy]

Read this mate,
http://www.getoutofdebtfree.org/forum/v ... 15&t=35570

[goodfcontired]

Hi Wishy,

Many thanks for your reply and link, it's greatly appreciated. I'm not completely sure how to go about doing everything in the remedy in the link, or if there is time to check it all out, as it has already passed the NTO stage and I have now received the 'Charge Certificates', so it's at this stage that I am trying to clarify what to do.

Thanks

[ceylon]

you could say you never got the NtO
but always be ready incase they ignore and carry on

[goodfcontired]

Thanks Ceylon, you mentioned this to me before but I was just wondering if I could pre-empt that situation and put a stop on things beforehand. They've ignored everything I've sent and said to them so far, so I'll be ready if they do the same with this.
Many thanks again.