Friday, February 17, 2006

Burnley Council ... formal letter incorporating the Bill of Rights, Magna Carta and the Human Rights Act

As we now begin to introduce the Human Rights perspective NPAS and DPE is looking very vulnerable indeed.
Legal Department
Burnley Borough Council
Town Hall
Burnley
BB11 1JA

Dear Sir/Madam

I am writing with regard concerning a Final Demand from Drakes Bailiffs, dated 14/2/06 (copy enclosed) for 2 unpaid parking penalty notices dated 1/2/05 and 19/5/05. The penalty notices are: BE******** and BE********. I can confirm that I wrote to Parkwise on the 11th July last year and contested the validity of these tickets as no individual company has the right to demand money from me for an alleged offence which has not been proven in a Court of Law.

As stated in the Bill of Rights Act 1689 enacted and formally entered into Statute following the Declaration of Rights 1689:

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

As stated by Parkwise they do not issue fines but Penalty Charge Notices. However according to Burnley Borough Councils official website (Burnley.gov.uk), they do issue fines and is quite clearly listed in the A-Z of Council Services (copy enclosed). Therefore, it would appear that Burnley Borough Council and its agents (Parkwise) have no lawful authority to demand money for an alleged infringement that has not been dealt with by a Court of Law.

Of the Bill of Rights, I feel I must point out that the text of the Bill of Rights states clearly enough that no fines or forfeitures may be imposed before the process of judgment and conviction, and this text clearly indicates that a Court of Law is required to resolve disputes of any kind, either Civil or Criminal.

Because judgments are involved in the preamble to the Bill of Rights, as well as convictions. It is quite clear that only HM Courts have the legal authority to impose lawful judgments &/or convictions. Furthermore with the precise words of the Bill of Rights very much in mind, I must record with you that the provisions of the Bill of Rights cannot be satisfied by any process of appeal to anywhere other than HM Courts of Law!.
In a word The Declaration of Rights provides that if Burnley Borough Council wishes to proceed against me, they will have to refer this matter to Her Majesty's Courts Service where the issues must be resolved in a lawful manner. Otherwise, the forfeit demanded of me is illegal and void.

In addition to the provisions of the Declaration and Bill of Rights, and in support of my own assertion that this process is not constituted in accordance with our laws, I must ask you to recognise the Great Charter of Our Liberties that is now incorporated into Statute Law under the name of the Magna Carta. I draw your particular attention to the provisions made at Articles 39 & 40 of the Statute, which states as follows:-

39. No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land.

40. To no one will we sell, to no one will we refuse or delay, right or justice.

There can be no doubt that I am a free man and that Articles 39 & 40 apply to me. It is clear & very well recorded that the entire purpose of Magna Carta was to reduce the power of the king and not to increase this power and in consequence of the very obvious, it is clear that the option of trial by the judgment of my peers OR by the law of the land is an option that is secured to me in all circumstances such as this, and not an option that may be exercised by or at the behest of the Crown, or by any authority that claims to hold an authority under the Crown.

E.g. the Local Authority with which I find myself in dispute.

In addition to the provisions of the Declaration and Bill of Rights, and the Magna Carta. I would like to draw your attention to the Human Rights Act 1998, and in particular to Article 6 (Right To A Fair Trail), and the provisions made in paragraph 1:-

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

I have not as yet appealed to the National Parking Adjudication Service. The Independent Tribunal that receives 60p from every Penalty Notice issued, and is funded by the local authority collecting the PCN. The evidence of the now-recorded and public admissions of the National Parking and Adjudication Service now serves to reveal that the process of this tribunal system is being funded in part from the resources of my opponent, and this admission leads to the inevitable conclusion that any such hearing is not established in a manner that is independent from the interests of my opponent.

I am therefore requesting that Burnley Borough Council suspend the warrant from Drakes Bailiffs, as I intend to file a Late Statutory Declaration with the Traffic Enforcement Centre.

It is my intention to defend my case through the law courts of HM the Queen, as The Declaration of Rights 1689, the Magna Carta 1215, and the Human Rights Act 1998 provides I have an inalienable right to require that all and any legal actions undertaken against me, whether Civil or Criminal be heard and resolved by a Court of Law that operates in the name and for the purposes of the Queen.

That is why the Royal Coat of Arms is displayed in every Courtroom.



I look forward to hearing from you in this matter.



Yours Faithfully.


Neil Corless.

3 comments:

Anonymous said...

FANTASTIC!!!!!!!!!!!!!!!!!!!!! Could this not be used as a proforma?

An interested observer said...

Please excuse my ignorance on this topic but after reading your letter and a few of your earlier posts I am interested as to the reasoning behind your campaign against parking fines. Your letter states very well your argument as to why you feel the fine is unlawful and thus invalid, but I assume the reason you are perusing this is not to protect your Human Rights (as there are many much more worthy Human Rights campaigns in need of your support) more to express your annoyance at having to pay a local authority for a parking offence? I understand that there are issues with regards to how the new system is being implemented (I myself received a fine from a gentleman keen to get his quota, simply for having a wheel on a white line - I am a careful parker but was forced to do this as the car next to me had parked badly) but how else would you suggest parking restrictions be implemented? If people refuse to abide by simple rules then surely some sort of system is required to enforce this. And, surely any revenue generated from this would be best going back to the local community affected via the local authority? If you are not campaigning for the protection of your rights, then the only result of your campaign I see is the creation of more work for local authorities at the cost of local tax payers?

Anonymous said...

I concur with the previous respondent. Your campaign will just end up with us the tax payer paying for what seems rather futile. From my understanding of the bills of rights act this applies to criminal offences and more in particular "fines". I understand penalty charge notices are not criminal offences and are not fines - but charges and as such are not covered by this Act.

I have to say I was issued with a penalty charge notice and took my case to NPAS and I won, in fact the adjudicator was quite damning of the Council. Therefore I am confident that their function is to rule objectively and fairly. They certainly demonstrated this in my case.

Surely there are more worthy causes to pursue. I have yet to come across a case when you read all the paper articles on parking that the person did not actually deserve being issued with a ticket.

I think the simple answer is park legally and you will not be issued with a penalty charge notice.

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