Tuesday, September 20, 2005
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Blog Archive
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2005
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September
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- Evidence to the House of Commons Transport Committee
- Department of Constitutional Affairs......Nothing ...
- EU Flag? ...Not here...Second Front Page of the Day
- Another Parking Ticket Victory...Another Front Page
- First the Ashes...Now EU Beaten...Another Victory ...
- No fines without court appearance
- Pressure is on to evict assembly
- Eleanor Sharpston QC...You be the Judge
- Lib Dems agree with Herron
- Unelected assembly slammed
- Response from NPAS
- NPAS wriggles and squirms
- NPAS under more pressure
- Constitutional Storm Clouds Gather over Sunderland
- Complaint to Law Society about NPAS
- Will the Aussies now have their tape measures out?
- Call to scrap parking panel
- NPAS on shaky ground
- Gallows being prepared in Sunderland
- Press Release: National Parking Adjudicator Mislea...
- Investigation into Sunderland City Council / Natio...
- Driven to complain
- Probe into parking tickets blunder
- Government Office plays Pontius Pilate
- Constitutional Confrontation drawing closer...Comm...
- Further Questions as National Parking Adjudicator ...
- No justice in parking 'court'
- The Clock is Ticking Sunderland...why so long?
- Victory...HM Customs and Excise back down after Bi...
- Robin Rocky De Crittenden dying to get in the ring
- Rocky De Crittenden throws down the gauntlet
- Give 'em a pint and they'll take a kilometre
- Worcester City Council now facing NPAS Challenge
- Legal papers served on Sunderland Council
- NPAS 'Independent'...bet you 60p a ticket that the...
- Blackburn with Darwen Borough Council unlawfully i...
- Metric Martyrs Wrongly Convicted...A Miscarriage o...
- Bill of Rights 1689...NPAS Decision
- Bill of Rights Decision by NPAS Adjudicator
- Did the UK Metrication Association lie? You decide
- NPAS...THAT Telephone call...what was said...and t...
- Letter to Caroline Shepherd NPAS Chief Adjudicator...
- Letter to Andrew Barfoot NPAS Tribunal Manager Reg...
- NPAS Decision...Taxi Ranks
- Letter of Apology from NPAS Chief Adjudicator
- Letter of Apology from NPAS Tribunal Manager
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September
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2 comments:
Completely misses the point doesn't he?
Neil, I can only reiterate, the National Parking Adjudication Service in the UK is not a court of Law within the meaning of Article 234 EC, therefore its decision will be in contravention of Article 6 of The European Convention on Human Rights
In order to determine whether a body making a reference is a court or tribunal of a Member State for the purposes of Article 234 EC, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent (see, in particular, Case C-54/96 Dorsch Consult [1997] ECR I-4961, paragraph 23, and the case-law there cited, and Case C-516/99 Schmid [2002] ECR I-4573, paragraph 34).
Under the Court’s case-law, an arbitration tribunal is not a ‘court or tribunal of a Member State’ within the meaning of Article 234 EC where the parties are under no obligation, in law or in fact, to refer their disputes to arbitration and the public authorities of the Member State concerned are not involved in the decision to opt for arbitration nor required to intervene of their own accord in the proceedings before the arbitrator (Case 102/81 ‘Nordsee’ Deutsche Hochseefischerei [1982] ECR 1095, paragraphs 10 to 12, and Case C-126/97 Eco Swiss [1999] ECR I-3055, paragraph 34).
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