Tomorrow (5th July) London sees a further move in a bid to establish the legality of local authorities issuing penalty charge notices for parking but the consequences of any decision made tomorrow will be profound and could spark a constitutional crisis.
A case comes before the High Court tomorrow, 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 has an oral application to proceed to Judicial Review before Justice Andrew Collins in Court Number 2 the Royal Courts of Justice in the Strand, London.
Justice Andrew Collins is renowned as a rebellious Judge and has history of infuriating politicians.
Robin Decrittenden states, " the politicians have created this mess and the judges now have the chance to clear up after them."
Bill of Rights defence
The crux of the case relies 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."
That is to say, no fine such as the fixed penalty charge used by local authorities, police forces and various government departments from the Companies House to HM Revenue & Customs, can be lawfully issued and these bodies need to secure a conviction in a court of law before any financial penalty can be handed down. The consequences of Justice Collins? decision could be staggering and may lead to a full blown constitutional crisis.
Constitutional crisis
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."
The implications are 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.
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 the constitutional crisis we have also exposed the illegality and lawlessness of many aspects surrounding decriminalised parking. Now that we have created a massive financial crisis for the local authorities operating Decriminalised Parking Enforcement and a constitutional one for the Government perhaps we will get the justice that the Metric Martyrs deserve."
Mr. Herron issued his press release exactly six years to the day after that fateful day when Police Officers and Trading Standards Officers raided the market stall of Steve Thoburn and seized his scales. Steve became a national hero for his defiant and resolute stance against being convicted for selling a pound of bananas later died in tragic circumstances following a massive heart attack at the age of 39.
Anyone know what happened?
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This is so good it has to be fattening. :^D Bless that judge!
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OK, so the powers that be allege you were parked on double yellows, you deny it. Do you want (a) an appointment with a sceptitical magistrate (after mixing it with the drunks, asboistes etc in the witing room) or (b) a civilsed appointment, timed for you convenience, with a specialised parking adjudicator?
Wake up and smell the coffee, these guys are using Parking appeals as a trojan horse to further their rather odd anti european politics.
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I don't follow politics or understand it that much - I can't even smell the scrambled eggs and bacon let alone the coffee.
Can you elaborate for me?!
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The law is a TOTAL ass. Last week a trader was fined for selling fruit by the lb (the only way his customers had ever wanted it). In the same week a German Bier Keller type pub in Galgow was fined for selling beer by the litre (very continental) it is only legal to sell beer by the pint. Imperial Measure for beer, metric for fruit, you couldn't make it up! All this is at the behest of the of useless wasters who claim to represent our views and wishes at Westminster! Well they don't represent my views! Rant Off.
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Re the original post, Anyone know what happened??
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"rather odd anti european politics"
I thought they wanted to sell apples by the pound.
And if you read the case, all it's about is allowing you THE OPTION to go to court and put forward your case. Why would anyone be against that?
V
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The judge decided parking fines weren't fines or forfeitures and fudged things to try and preserve the status quo.
www.safespeed.org.uk/forum/viewtopic.php?t=8031 has some discussion about it and possible consequences. There might be something on the bbc news website by now.
teabelly
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Your on the ball TB
Justice Collins said, " The only surprise I have is that this argument has been produced on a number of occasions and seems to have worried local authorities and possibly Parking Adjudicators. All I can say is that they should cease to worry. It is, as I say, a complertely baseless argument".
Door slams shut.
dvd
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So if a parking ticket in a decriminalised area is NOT a fine, then maybe it's not enforceable unless there is a contract and a fair one at that?
Maybe this is really a gift from the Judge?
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