Tuesday, November 22, 2005

Evidence Submission by Neil Herron to the Worcester Hearing

NPAS Pre-Tribunal Review...18th November 2005,
Fownes Hotel Worcester.

Robin Decrittenden vs Worcester City Council


I. Thoburn vs City of Sunderland 18th February 2002

Commonly known as the 'Metric Martyrs' Judgment...reaffirmed the 'constitutional' status of certain Acts of Parliament including the Bill of Rights Act 1689. (Sections 62 and 63).
1. Thoburn v City of Sunderland 18th February 2002

II. National Parking Adjudication Service (NPAS)

A. NPAS officials dismissing and 'pre-judging' the Bill of Rights
On 23rd August 2005 a telephone call was received by Neil Herron from Andrew Barfoot, NPAS Tribunal Manager. Neil Herron had offered to supply substantive evidence detailing malpractice by Sunderland City Council. This was declined by Mr. Barfoot.
Mr. Barfoot, who had made the official call from a mobile telephone, had failed to terminate the call and his conversation was overheard and recorded.
Mr. Barfoot was overheard in conversation with Chief Adjudicator, Caroline Sheppard and the content of the conversation was offensive and appeared to be pre-judging the Bill of Rights issue. Mr. Barfoot is overheard calling Neil Herron 'mad.'
1. Letter from Neil Herron to Andrew Barfoot 24th August 2005
2. Letter from Neil Herron to Caroline Sheppard 24th August 2005
3. Letter from Neil Herron to the NPAS Joint Committee24th August 2005
4. Response from Andrew Barfoot to Neil Herron 30th August 2005
5. Response from Caroline Sheppard to Neil Herron 30th August 2005
6. Response from Bob Tinsley to Neil Herron 30th August 2005

B.NPAS Misrepresenting Its Legal Status and its independence
In a telephone call to NPAS their operative advised that 'they were a Court of Law' and the adjudicators had 'the status of High Court judges.'
The NPAS website states (flash video presentation by Sian Cole) that 'this is a court of law.' However, a written response from NPAS states that they are not a court of law.
She also states 'I am a solicitor and completely independent' yet evidence confirms that NPAS receive 60p per PCN issued and therefore there is a direct link between the local authority and the adjudicator.
1. Letter to NPAS from Neil Herron (13th June 2005) questioning statements made in the telephone conversation with Paul Griffiths.
2. Response from Paul Griffiths NPAS (14th June 2005)
3. Letter from Neil Herron to NPAS (12th September 2005) querying the misrepresented legal status.
4. Response from Bob Tinsley, Service Director 15th September 2005 in response to legal status challenge.

C. Rochdale Case
Evidence of a major flaw in evidence which was not picked up by NPAS.
In the case of Rochdale Metropolitan Borough Council this local authority began Decriminalised Parking Enforcement on 4th July 2004. Between this date and 1st August 2005 they issued 28,260 Penalty Charge Notices (income derived £660,052).
All of these PCNs issued during that period contravened the legislative requirements contained in Section 66(3) of the 1991 Road Traffic Act.
The wording which was incorrect was that the PCN stated 'To the Driver' and not 'To the Owner' or 'To the Registered Keeper.'
RMBC changed the wording of the PCN on 2nd August 2005.
It was NPAS who had brought the issue of the PCN to their attention in case RE58 on 27th July (* this will be required to be submitted as evidence)
The competence of NPAS must be called into question now as they had deliberated on previous cases involving PCNs with the same wording (confirmed by Kevin Mayor, Head of Parking Services, RMBC that PCNs had been supplied in the evidence bundles) yet NPAS had deliberated and found in favour of the council in 18 cases.
What was it in this case that prompted NPAS to inform Rochdale and for Rochdale to immediately change the wording?
1. Questions submitted to Kevin Mayor, Head of Parking Services, Rochdale Council by Neil Herron on14th October 2005.
2. Kevin Mayor's response of 11th November 2005, which was a response to the supplementary question, in which he stated all the PCNs were submitted in the evidence bundles to NPAS.
3. Full response from Kevin Mayor 15th November 2005 (response to 1)
4. Evidence of Penalty Charge Notice...altered 2nd August 2005.

D. The Sunderland Case
In this specific case (SX23) heard on 13/10/03 by adjudicator Mark Hinchcliffe the appeal was not allowed and NPAS found in favour of Sunderland Council yet the Traffic Regulation Order supplied and relied on by the authority was pre DPE and contained no DPE powers.
The general overview and evidence of the Sunderland DPE and the local authorities unlawful practices was offered to Andrew Barfoot NPAS on Monday 22nd August 2005. In the telephone call of 23rd August he stated NPAS did not want to get involved.
An internal and external investigation is being conducting with substantive evidence of malpractice regarding Traffic Orders and signs in Sunderland. This evidence will be introduced in a separate bundle if required.
1. NPAS case history including decision.

III. Bill of Rights Act and Parkwise
To be submitted with details of the case by Alan Waring using the Bill of Rights Act defence in Chorley. Parkwise (the DPE enforcement authority) confirms that the Bill of Rights Act is correct and fines can only be imposed by a court. They then go on to state that a Penalty Charge Notice is not a fine. Substantive evidence, including Chorley's own website, exposes this as nonsense. Evidence is to be submitted by others that NPAS have altered their own website and removed references to parking fines since the Bill of Rights Act defence became an issue.
1. Chorley and Parkwise communications with Alan Waring.

III. Further Evidence
Will make available further sample evidence of NPAS not being a competent or independent body to adjudicate fairly.

IV. Further Legal Points
Evidence to be made available regarding case law of secondary legislation conflicting with primary legislation...would mean that only the London authorities detailed in the RTA 1991 are valid. All the other Special Parking Areas have been created by secondary legislation.
Case of Haw v Westminster Council.

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