PARKING TICKETS and FINES ?

SMITHY1165

[FONT=&quot]I want to know under what authority the local council have to impose fines or fixed penalties.[/FONT]

[FONT=&quot]The bill of rights 1689, clause 12, clearly states “that all grants and promises of fines and forfeitures of a particular person before conviction are illegal and void”.[/FONT]

[FONT=&quot]Does this mean i can go to court and if convicted ? pay the £35 ? or are all penalty charges a civil matter and unenforceable ?
[/FONT]

Coupon-mad

You'll get short shrift on here, quoting that Bill of Rights codswallop - it's such an old chestnut, started by some nutcase! :rotfl:

If that's all you have found in an attempt to get off a Council PCN then you have read the wrong search results! Try pepipoo forums instead but don't insult them with that Bill of Rights rubbish, just copy what other thread-starters do and show them a picture of the front & back of your PCN:

http://forums.pepipoo.com/index.php?showforum=30

It's free to register, then when you can post, start a new topic with your pictures. Most people there get off most PCNs.

HTH

pogofish

SMITHY1165 wrote: »

[FONT=&quot]I want to know under what authority the local council have to impose fines or fixed penalties.[/FONT]

[FONT=&quot]The bill of rights 1689, clause 12, clearly states “that all grants and promises of fines and forfeitures of a particular person before conviction are illegal and void”.[/FONT]

[FONT=&quot]Does this mean i can go to court and if convicted ? pay the £35 ? or are all penalty charges a civil matter and unenforceable ? [/FONT]

Christ! Not this again. :mad:

SMITHY1165

so is this bill of rights a load of junk then doesnt mean anything any more ?

Sirdan

SMITHY1165 wrote: »

[FONT=&quot]I want to know under what authority the local council have to impose fines or fixed penalties.[/FONT]

[FONT=&quot]The bill of rights 1689, clause 12, clearly states “that all grants and promises of fines and forfeitures of a particular person before conviction are illegal and void”.[/FONT]

[FONT=&quot]Does this mean i can go to court and if convicted ? pay the £35 ? or are all penalty charges a civil matter and unenforceable ?
[/FONT]

No it means nothing...the Bill of rights was written expressly to redress the balance between the Monarch and Parliament.(and to confirm the rules of sucession ).the quote is out of context ....it refers to unilateral punishments imposed by the Catholic King James against Protestants...nothing more than that.

Ask anyone who has ignored a Council PCN and had their car towed by bailiffs , if they consider civil penalties "unenforceable".
In English law , later Acts take precedent over older ones where the two are not compatible , it is not a requirement to specifically repeal the older conflicting statute.

Put simply -Parliament makes the laws -the law provides for civil penalties and enforcement of such without a conviction -END OF.

SMITHY1165

How can i ignor private parking companies, but not local councils? and if the bill is a load of tosh then what authority do local coucils have ?

Orford

SMITHY1165 wrote: »

How can i ignor private parking companies, but not local councils? and if the bill is a load of tosh then what authority do local coucils have ?

Traffic Management Act, Civil Enforcement of Parking Contravention (England) General Regulations to name just two. They should keep you occupied for a while

Sirdan

SMITHY1165 wrote: »

How can i ignor private parking companies, but not local councils? and if the bill is a load of tosh then what authority do local coucils have ?

Private parking companies rely on contract law or civil tort of trespass.

Councils however are legislated for by statute law and as such are strictly regulated.

Therefore Councils have enforcement powers and private companies have none.

esmerobbo

http://www.spaldingtoday.co.uk/news/crime-and-courts/police_called_after_defendant_refuses_to_stand_before_judge_1_3179327