Penalty Charge Fine Mess...now Portsmouth

Mr. Douglas xxxxxxxx BSc.(Hons); CEng; FBCO; MInstMC; MRIN.
x xxxxxx xxxxxxx CHICHESTER, W.Sussex.



Portsmouth City Council,
City Solicitor, and
City Chief Executive
Civic Offices,
Guildhall Square,
Portsmouth. 1. November 2005.

Dear Sir,
The Parking Office has issued me with a Penalty Charge Notice PO 4740806 5.

Also with reference to two previous fines, the details of one of them is below:
[Ref: SLH 973W. PCN No PO 4697646 A Avenue DE Caen. – issued in January 2005]


I enclose the requested fine of £30 under protest that you are exacting a forfeiture illegally under the Bill of Rights Act, by demanding forfeiture without recourse to a court of law. The demand for forfeiture can only come from a court of law. I appeal against the issue of this fine, and ask that the previous two fines be re-imbursed.

In a letter issued by Parkwise, Chorley Borough Council say in response to a claim by a Mr. Alan Waring's use of the Bill of Rights defence against a Penalty Charge Notice they state:-"You and your counsel are correct in your summation of the Bill of Rights Act and no-one may issue fines except by the judgment of a court.

To suggest a Penalty Charge Notice is not a fine is in contravention of the terms used by the House of Commons Transport Committee in their press notice, 'Finding a Space for Parking Policy' they state:- "Is it appropriate that local authorities should keep the revenue generated from parking fines?" …… and use other extensive use of the term “parking fines”.

I note the attitude of Hampshire County Council... who quote:- "Parking fines may be payable where a vehicle is parked in a marked bay without a permit or ticket, or outside a marked bay (for example, on yellow lines). The Council will issue a ticket for an illegally parked vehicle which will advise the owner how to pay the required fine, or appeal against the ticket."


This issue of the demand for fines without recourse to proper courts of law will no doubt be tested in due course; perhaps even by myself with this case; please therefore indicate to me by letter that you are aware of the anomaly in law, and that if subsequently, Portsmouth City Council is found to be in contravention of the law, that Portsmouth City Council will re-imburse me of this fine and the previous other two fines extracted illegally.

Yours faithfully,

xxxxxxxx xxxxxxxxxxx