Legal papers served on Sunderland Council

8th September, 2005.

By First Class Mail Recorded Delivery

Mr G Fitzgerald,
The Chief Executive,
City of Sunderland,
The Civic Centre,
Burdon Road,
SUNDERLAND.
SR2 7DN

Advance Copy by e-mail:- alyson.cooper@sunderland.gov.uk

Dear Mr Fitzgerald,

Re: Penalty Charge Notice SX07015381 – Notice of Intent - Judicial Review

I refer to all previous correspondence in this matter, and must advise that since your Council has failed to process this Penalty Notice in any prompt and lawful manner, &/or give effect to any complete withdrawal of this Notice, it is my intention to proceed to Judicial Review, naming your Council as a defendant: If your Council has any intention of proposing some alternative method of settling this matter, then I must ask you to make such proposals known to me during the course of the next 14 days.

The intended ‘lead case’ in my application for Judicial Review will cite the City of Worcester and the anticipated decision of an NPAS Adjudicator that will be issued, following a Tribunal Hearing that is due to take place in Worcester before the end of October, 2005. NPAS is advised of my intention to attend at this particular hearing and is further advised of my intention to take a full recording of all proceedings, for the benefit of the Administrative Court.

When the tribunal decision is published in the Worcester Case, my consolidated application to the Administrative Court can be finalized and will be filed.

In the meantime, I must ask you to confirm in writing whether or not you are satisfied that your Council has properly published all required notices &/or traffic orders in accordance with the requirement of the RTA 1991 and in respect of the area of Sunderland that is involved with Parking Charge Notice SX07015381. I am aware of the fact that Sunderland has failed to publish the required notices/orders in respect of other areas of the town and now provide you with full opportunity to confirm that your house is in good technical order, before the Administrative Court is required to pass judgment on the part that your Council has played/is continuing to play in a wilful breach to the Constitution that been made known to you and is now the subject of my complaint.

Finally, I must ask you to advise me of the total annual amounts of money that your Council has paid to NPAS during each accounting period since your Council first introduced a decriminalized Parking Regime. In asking for this information, I rely upon the provisions of the Freedom of Information Act.

The Claim to an Independent Status that is currently being maintained by NPAS and its Adjudicators is now the subject of particular enquiry with the European Court of Human Rights: This Court has the particular responsibility for ensuring that the provisions of Article 6 of the European Convention on Human Rights are fully maintained by HM Government. Enquiries thus far have established that there is great interest in the fact that NPAS is actually funded by those parties which have a most direct interest in making sure that there is failure in the appeals offered by members of the general public.

No doubt you will be kind enough to confirm that you have received this first advice from me and that my given enquiries are now receiving your close attention, bearing in mind that all documentation is for referral to the Administrative Court, as necessary, within a very short period of time.

Thank you for your attention to these matters,

Yours faithfully,



Robin de Crittenden.