Letter from Neil Herron to Ged Fitzgerald

Ged Fitzgerald
Chief Executive
City of Sunderland
Civic Centre
Sunderland
SR2 7DN

Dear Mr. Fitzgerald

Please find enclosed a copy of Parking Ticket (Notice SX06021491), which I received on 21sr April 2004.
It was issued by National Car Parks Ltd, on behalf of the City of Sunderland and is attempting to impose a ‘Penalty Charge’ of £60 (reduced to £30 if paid within 14 days).

Upon checking the legislation, the Road Traffic Act 1991 (as amended), it appears that Sunderland Council, or its agents, are attempting to extort money from me in an unlawful manner.

I enclose 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 that I have 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, Sunderland Council and its agents have no lawful authority to demand money for any alleged offence until or unless it has been dealt with by a Court of Law. The actions of Sunderland Council and its agents would appear to be unlawful.

For avoidance of doubt, I also enclose a copy of the relevant section of the Road Traffic Act 1991 (Schedule 6 Section 66 (7) which, as you can see, makes no reference whatsoever to repealing the Bill of Rights 1689 with any express wording.

As stated in ‘Metric Martyrs’ Judgement in the Supreme Court of Judicature, Queen’s Bench Division (18th February 2002) by Lord Justice Laws and r. Justice Crane (I will paraphrase, but have included a full copy of the judgement 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 the Magna Carta, Bill of Rights 1689, The Acts of Union, the Reform Acts etc…”

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 “Ordinary statutes may be impliedly repealed.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

As you are aware, Sunderland Council went to quite considerable lengths to achieve the Metric Martyrs Judgement, and invested well over £100,000 of public money in the pursuit of Mr. Thoburn (the Metric Martyrs Defence Fund having paid all costs ordered by the Court). The precedent set by Lord Justice Laws is quite clear and unambiguous. Therefore, the Members of Sunderland Council and its agents can claim no excuse whatsoever for ignorance in this matter.
I appreciate that this was not of your, nor the current Leader’s making, but a legal precedent has been set. I am sure that, should the situation have arisen, then perhaps a different line would have been taken to the one taken by Mr. Anderson and Mr. Sinclair.

I would be grateful if you could confirm therefore, that the ultimate legal responsibility not only lies with yourself as Chief Executive, but also the newly elected Members of the Sunderland City Council, and not with NCP Ltd. I would also be grateful if you could confirm that you would bring the implications of Sunderland Council’s actions to the attention of the Council and also to that of NCP Ltd.

I would also be grateful if you could also confirm to me in writing that you have advised the relevant officers of the Council and its agents that they are breaking the law by attempting to claim powers which are forbidden to them.

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

Yours sincerely

Neil Herron

Neil Herron

1.Photocopy of Penalty Charge Notice… Parking Ticket (Notice SX06021491)

2.Copy of Road Traffic Act 1991 Schedule 6 Section 66(7)

3. Copy of the Bill of Rights 1689

4. Copy of the Metric Martyrs Judgement