That Parking Problem Again!

High Barnes
Sunderland
7th December 2004


Your ref: PHEP/PBM/NC/96256134
Our ref:96256134

Ms K Valentine
For Parking and Business Service Manager
Newcastle City Council
Public Health and Environmental Protection Division
Enterprise and Environment Cultural Directorate
Civic Centre
Newcastle Upon Tyne
NE1 8PB

Dear Ms. Valentine,

Excess Ticket No. 96256134 Veh. Reg. No R24PJR
11/10/2004 – STADIUM CAR PARK (OFF)

I have been forwarded the enclosed form by Mr. Colin Moran the registered keeper of the vehicle above in relation to the alleged offence. We were attending a function in St. James’ Park and had been advised to use the space by the organisers but I understand that Mr. Moran has, or is in the process of challenging this alleged offence.

You make reference to the fact that I am required ‘pursuant to the Road Traffic Regulation Act 1984’ to return the statement of facts within seven days. I would be grateful, as you allude to the fact that this is an offence and could result in legal action, if you could send me a copy of the relevant section of the act and the nature and scale of offence.

Secondly, you are asking me to pay ‘a cheque/postal order for £60,’ for an alleged offence.

I do believe that Newcastle City Council are attempting to extort money from me in an unlawful manner. I have enclosed a copy of the Bill of Rights 1689, enacted and formally entered into Statute following the Declaration of Rights 1689. I draw your attention to the section highlighted :

“That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.”

This clearly states that a conviction is necessary before a fine can be imposed. Therefore, Newcastle City Council have no authority to demand money for an alleged offence unless it is dealt with by a Court of Law and your actions are unlawful.

I would be grateful if you could also clarify the nature of the alleged offence committed by myself and provide a copy of the section of the relevant statute because neither the Road Traffic Regulation Act 1984 or the Road Traffic Act 1991 makes any reference whatsoever to expressly repealing the Bill of Rights 1689.
For the avoidance of doubt, I have enclosed a copy of the relevant section of the Road Traffic Act 1991.

As stated in the ‘Metric Martyrs’ Judgment in the Supreme Court of Judicature, Queen’s Bench Division (18th February 2002) by Lord Justice Laws and Justice Crane (I will paraphrase, but have included a full copy of the Judgment with the relevant sections 62 and 63 highlighted):

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 Magna Carta, Bill of Rights 1689, The Act of Union, the Reform Acts etc.”

63. “Ordinary statutes may be impliedly repealed. Constitutional statutes may not…”

As you are no doubt aware, Sunderland City Council went to quite considerable lengths to achieve the Metric Martyrs Judgment and the precedent set by Lord Justice Laws is clear and unambiguous. In highlighting this and enclosing the relevant documentation members of Newcastle City Council can now have no excuse for ignorance in this matter.

I would be grateful if you could confirm that the ultimate legal responsibility not only lies with the Chief Executive, but also with all the elected members of Newcastle City Council and I would be grateful if you could confirm that you will advise the relevant officers of Newcastle City Council that they are breaking the law by attempting to claim powers forbidden to them.

Therefore, please accept this letter as formal notice that I require any allegations against me to be specified and referred for trial in a proper and orderly manner, should you wish to proceed against me for the alleged offence.

Yours sincerely,




Neil Herron

Cc .Ian Stratford, Chief Executive, Newcastle City Council
cc. Peter Arnold, leader, Newcastle City Council


ENCLOSURES:

1. Copy of Your communication PHEP/PBM/NC/96256134
2. Copy of Road Traffic Act 1991
3. Copy of the Bill of Rights
4 .Copy of the Metric Martyrs Judgment