Thursday, July 13, 2006

Parking Ticket case to go to Court of Appeal

Notes to Supporters:

We intend to build up the case and support behind the scenes before going live with any general release. This case coming before the Court of Appeal will attract considerable publicity.
Robin is currently looking to instruct Counsel and we are examining the possibilities of attaching 'interested parties' (anyone with a parking ticket) to the proceedings.


This will grow as more and more holes appear in the reasoning by Judge Collins, NPAS and PATAS and the Northampton County Court becomes more exposed. Cases of misfeasance and maladministration are being prepared against local authorities and there are a number of cases where it is expected that Police action will be necessary.

We are deliberately not releasing a press release until the press and media have a greater grasp of the potential legal, constitutional and financial implications of the case and of the massive technical and operational flaws with Decriminalised Parking Enforcement as well as the constitutional perspective.

In the meantime the campaign is solely dependent on support from the general public. Click
here to find out how to support us and allow us to keep unravelling, exposing and redressing the balance ... the scales of justice need to be tipped back in the favour of the people after suffering for too long at the hands of a corrupt political elite intent on breaking the will of the people and everything we stand for.

Yours sincerely,

Neil Herron


Latest News Release

Metric Martyrs Defence Fund

'Parking Fine Mess' case now set for the Court of Appeal...Judge Humpty Dumpty's decision to be challenged.

A case came before the High Court 5th July last week, which could ultimately lead to every parking fine in the country being declared invalid...or, alternatively, the Metric Martyrs' convictions being declared 'unsafe.'

West Midlands pensioner Robin Decrittenden had an oral application to proceed to Judicial Review before Justice Andrew Collins in Court Number 2 at 10.30am on 5th July, in the Royal Courts of Justice in the Strand, London.
Justice Andrew Collins is renowned as a rebellious Judge and has history of infuriating politicians. Read more here

However, what was witnessed in the Court was worthy of Alice in Wonderland rather than a High Court Judge. Read the Sunday Telegraph report of the case here

The crux of the case relied on the Bill of Rights 1689 which was referred to by Lord Justice Laws in the Metric Martyrs Judgment (18th February 2002 at the Royal Courts of Justice) as being a 'constitutional statute' and therefore incapable of implied repeal. As the 1991 Road Traffic Act which brought in 'decriminalised parking' does not allow access to a court of law for conviction (the fine or penalty simply imposed by a local authority) this therefore conflicts with the condition contained within the Bill of Rights which states:

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

Tory Leader David Cameron was recently quoted as saying we need a new Bill of Rights. After the decision of Justice Collins it may well be that we need one after the Judge dismissed Decrittenden's arguments as 'baseless' effectively consigning the Bill of Rights to the dustbin!

As no doubt many constitutional experts will be aware, on 21 July 1993, the Speaker of The House of Commons issued a reminder to the courts. Betty Boothroyd said: ‘There has of course been no amendment to The Bill of Rights…the house is entitled to expect that The Bill of Rights will be fully respected by all those appearing before the courts.’

In this instance the Judge showed no respect for this fundamental constitutional statute.

The implications could have been very serious indeed for the £1.2bn a year 'Parking Fine Industry' which was recently the subject of scathing criticism by the House of Commons Transport Committee's Report.
Judge Collins stated that the Adjudicators and Local Authorities could now 'breathe a collective sigh of relief.'

NPAS PATAS and Local Authorities...Don't you dare start breathing yet!

However, that statement by Justice Collins was a bit premature because the Court of Appeal will be receiving the case papers from Robin Decrittenden tomorrow morning. Whichever way, there will be a full blown hearing covering all the points, including exposing Judge Humpty Dumpty's (words will mean what I say they mean) Judgment..."the Bill of Rights does not apply to parking as there is no conflict. Parking Tickets are not fines."

The Metric Martyr's Campaign Director Neil Herron states,
"we have worked very hard to bring the Metric Martyrs Judgment back before the Courts and have had to bring about the conflict between the judgment and unlawful parking fines. As well as exposing this growing constitutional crisis we have also exposed the illegality and lawlessness of many aspects surrounding decriminalised parking.

Judge Collins thought he could make this case go away and get the 'parking industry' out of a difficult hole. His statement that parking tickets were not fines would be laughable if it wasn't so serious, especially if you click here to visit the Government website which refers to parking tickets as 'penalty fines.'

In reality the Judge has raised the stakes a lot higher and created the potential for a constitutional crisis and a full hearing before the Court of Appeal, which will undoubtedly end up in the House of Lords and the European Court of Human Rights. If that is the case then anyone using the same argument as Robin Decrittenden could quite rightly ask for their case to be adjourned pending the final outcome of the case....which could take years and throw Decriminalised Parking Enforcement into chaos."


Just before preparing the Court of Appeal papers Robin Decrittenden stated:
"On Wednesday 5th July, I found myself face to face with the 'Nightmare World' that is being prepared for all of us by the arrogant politicians now infesting and destroying OUR Freedoms and OUR House of Commons!

In this 'Nightmare World' planned by the politicians, Justice has left the scene completely - and there is no room for anything except the dictatorship that the politicians are engineering and that will be a very proud monument to the memories of both Hitler and Stalin.

Mr. Justice Collins has attempted to put Magna Carta and the Bill of Rights into the wastepaper basket that sits under his desk and he has told me that words no longer mean what they say - because Parliament can do whatever it likes - whenever it likes! It is now on the record that if Parliament changes its mind about anything at all then what was decided by Parliament yesterday simply didn't happen!

Our basic right to an independent trial has just left the country, by way of Justice Collins' window - because Parliament has said that a Parking Tribunal IS a trial - and I must take it or leave it - said Mr. Collins - because HE is the Judge!

Well, I have taken a day or two to think about my experience – and I have decided that Mr Justice Collins must have been born on a different planet, if he thinks that any Englishman will accept the nonsense that came out of his mouth at the hearing on 5th July.I’m going to take these issues to the Court of Appeal for a full-blooded hearing - and I am taking this action on behalf of everybody who cares about this wonderful old country – and on behalf of everybody who cares about the fact that Local Authorities are not supposed to be ripping us off with their Parking Tickets & Penalties – which by the way are not now penalties or forfeitures – they have to be called Civil Responsibilities! It is time to remind Parliament and All Local Authorities that is their job to Serve US – and it is time to remind them that WE will always have the last word – because this is OUR Country!

I need your help – by way of your Voices raised in Angry Protest - with the national and local press; radio & television - and by way of any financial contribution that you can send to the Metric Martyrs Defence Fund, because the Metric Martyrs have promised to help me with the
legal expenses involved!
Please do whatever you can to let the politicians know that Enough Is Enough!"

As soon as we have the transcript and the written judgment it will be posted here.

ENDS

Contact:

Neil Herron
(Campaign Director)
Metric Martyrs Defence Fund
12 Frederick Street
Sunderland
SR1 1NA
Tel. 0191 565 7143 Mob. 07776 202045

Website: www.metricmartyrs.co.uk e-mail: metricmartyrs@btconnect.com

Notes:
1. Read the application for Judicial Review submission by Robin Decrittenden here

2. Recent Metric Martyrs News:
German Bar in Glasgow faces prosecution for selling beer by the litre ... Metric Martyrs Campaign called to assist. Read the news reports here
Devon Market Trader faces prosecution for selling 46p worth of onions on imperial scales ... Metric Martyrs Campaign called to assist. Read the news reports here

3. House of Commons Transport Committee's Parking Report here

4. BBC Reports Robin Decrittenden's Bill of Rights case news here

5. News reports of Steve Thoburn's scale seizures here


2 comments:

Anonymous said...

personally I think it's now time for a Revolution don't you?

peter said...

I am fully in favour of defending our constitution. And of fighting for our already diminishing rights. I would hate to see our constitution go the way of the American constitution. A few days ago I challenged a parking ticket by quoting the Bill of Rights. I received a letter from the council, they denied my challenge. The reply from them was odd, they seemed to have not understood and to have missed my point altogether. I read the link to the Guardian online about judge Collins, and I must say, I think I would take his side on the reasons he fell out with MP's. But his comments on this case are totally outrageous.

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