Abandon All Fear

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Archive for December 3rd, 2006

[Payback] I Won Against Parking Injustice

Posted by Lex Fear on December 3, 2006

You win some, you lose some. Back in October I blogged about how time constraints forced me to give up and pay the £45 bribe parking fine the police were demanding. I paid as the date they were asking me to appear in court I was due to be on a beach somewhere in Maui.

So you will either be pleased or outraged to know that 2 other outstanding Council Parking Fines (PCNs) were cancelled this month. I have had many hits for people googling “Parking Fine Template Letter” and “Get Off Parking Fine”. Now, let me make it clear there is no such letter and there is no such loopholes in the law. There is however, The Law and the Constitutional Bill of Rights Act 1688 which states:

“That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegal and void.”

This is a Constitutional Act, that means it cannot be overruled by a later by an ‘ordinary’ Act such as the Road Traffic Act 1991. Below is an edited version of the letter I wrote to Coventry City Council. The photos I included showed different angles of the road where the lines were almost entirely worn out. This is not a template letter, however, I hope you may find it useful in constructing your own defence. If you are going to defend against a parking ticket you may want to check out Pepipoo forums.

Coventry City Council Parking Services Unit
PO Box 3943
Coventry
CV1 9AF

Re: Penalty Charge Notices: 00XXXXXX / CV00XXXXXX

Dear Sir/Madam

I am writing to appeal against the Penalty Charge Notices (PCNs), on the grounds that the offence did not occur. The enclosed images are taken of the road where I was parked on these occasions, on the corner of XXXXXX Road, outside of the residents bay, outside the [Landmark] and [Landmark]. Specifically, the restriction is not signed as prescribed by the Traffic Signs Regulations and General Directions 2002 (the TSRGDs). References in this representation to Road Markings refer to that statutory instrument (2002/3113).

Representations:

1) The signing/road marking is non-prescribed, as road markings must conform to the enclosed diagram (Schedule 6 Road Markings). The road markings numbered 1017/1018.1 are continuous lines terminating with T-Bars. Particular attention is drawn to item 4, Permitted Variants: None. The road markings in the restricted area are not continuous, or visible and do not have the required T-Bar endings, therefore varying from the prescribed regulation.

From the photographs, there are no single or double yellow lines apart from some double yellow lines leading from the edge of the entrance to the [Landmark] to the corner before the drain. A closer inspection reveals that there are indeed some light faded patches of yellow on the road where I was parked, directly outside of [Landmark].

Since the road markings are not in conformity with the regulations then there can have been no contravention. This is clear form the court decisions of MacLeod v Hamilton (1965) S.L.T 305 and the PATAS Adjudicator decision in Cooper v Richmond (as reported on 18/07/00).

I also refer to legal authorities:
MacLeod v Hamilton 1965 S.L.T 305
If signs to indicate the effect of a “No Waiting” order have not been erected, or signs have been erected not conforming to s.64 of the RTRA 1984 and TSRGD 2002 (SI 2002/3113), no offence against the “No Waiting” order is committed.

Davies v Heatley [1971] R.T.R 145
Because by s.64 (2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind.

2) Both of the PCNs issued fail to comply with Section 66(3) of the Road Traffic Act 1991 by not including a date of issue. This renders them void and unenforceable. See MacArthur v Bury (NPAS Circular 04/05) Case Number BC188 NPAS the Adjudicator decided that to comply with Section 66(3) a PCN must have a date. The date of the contravention is not the date of issue even if, in most cases, the PCN will be issued on the same day as the contravention. A real possibility of prejudice arises from potential uncertainty as to when the 28 day and 14 day periods for payment begin and end. Coventry City Councils PCNs do not have a date of issue (see enclosed).

3) Not withstanding the above, the appellant submits that Coventry City Council is attempting to extort money in an unlawful manner.

Please find enclosed an extract of the Bill of Rights Act 1689, enacted and formally entered into Statute following the Declaration of Rights 1689. I draw your attention to the section that I have highlighted:

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

This states that a conviction is necessary before a fine can be imposed. As you will be aware, the Bill of Rights is a “constitutional statue” and may not be impliedly repealed. As stated in the ‘Metric Martyrs’ Judgment in the Divisional Court (18th February 2002) by Lord Justice Laws and Mr Justice Crane (I will paraphrase, but have included a copy of the judgment’s relevant sections 62 and 63):

62.”We should recognise a hierarchy of Acts of Parliament: as it were ‘ordinary’ statutes and ‘constitutional statutes.’ The special status of constitutional statutes follows the special status of constitutional rights. Examples are the … Bill of Rights 1689 …

63. Ordinary statutes may be impliedly repealed. Constitutional statutes may not…”

I am not aware that the Road Traffic Act 1991 makes express reference to repealing the Bill of Rights Act 1689.

Therefore, it would appear that Coventry City Council have no lawful authority to demand money for any alleged offence until or unless it has been dealt with by a Court of Law. Consequently, the forfeit that you have demanded of me is illegal and void. As I am sure you will understand, I cannot knowingly involve myself in an illegal act and accordingly decline payment of this fine.

Yours faithfully,

A Fear
Registered Keeper XXXX XXX

ENCLOSURES
1. Diagram SCHEDULE 6 ROAD MARKINGS
2. Extract of the Bill of Rights Act 1689
3. Extract of Metric Martyrs Judgment, Sections 62 and 63. 4. Photographs taken at time of alleged offence.

I must warn you I am no lawyer and by taking any advice on this blog you are solely responsible for any consequences of actions based upon this information.

That said, I wish you every success in sticking it to ’em.

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Posted in Anecdotes, Civil Disobedience, Financial Terrorism, How I Did It, Justice & Mercy, Predatory Systems, Takeback, Uncircumcised Philistines, WhatTheyDontWantU2C | Tagged: , , , , , | 2 Comments »

[False Security] An Immigration Problem – Part 2

Posted by Lex Fear on December 3, 2006

“It’s not Great Britain, it’s a crappy little Island with a complex. People are not queuing up to come and claim your benefits, there exists people in the world who would rather avoid the UK altogether…”

Read Part 1

“So, if we had said she was just visiting, there would be no problem and we could have got through?” I asked the pretty, young Asian immigration orificer who had been dealing with our case.
“Yes… but now you can’t and you have to leave the country. I’m really sorry, I can see you’re a nice couple and this has been a mistake, but unfortunately now it’s already been processed and your passport’s been stamped”.

Read the rest of this entry »

Posted in Absolute Power, Anecdotes, Anti-Terrorists, Bollotics, Databases, Doublespeak, Holding Actions, Justice & Mercy, Little Hitlers, Predatory Systems, Propaganda, Realpolitik, Tick-Box Culture, Uncircumcised Philistines, Xenophobia | Tagged: , , , , , , , , , , | 2 Comments »

[Xenophobia] An Immigration Problem – Part 1

Posted by Lex Fear on December 3, 2006

“I’m sick of being in a country led by a fascist government that uses fear and headlines to control the populace. This country wreaks of institutional paranoia…”

There is a real problem with immigration in this country, and I’m not talking about the intelligent people who want to come here to study or to work, I’m talking about the Immigration “Service” and the Home Office.

I find it difficult to be a good citizen at the best of times, but I realise more and more how difficult this government make it to be proud of Not-So-Great Britain. I’m sick of being in a country led by a fascist government that uses fear and headlines to control the populace. This country wreaks of institutional paranoia, and none so much as Immigration.

Read the rest of this entry »

Posted in Absolute Power, Anecdotes, Anti-Terrorists, Bollotics, Databases, Doublespeak, Justice & Mercy, Little Hitlers, Predatory Systems, Propaganda, Realpolitik, Uncircumcised Philistines, Xenophobia | Tagged: , , , , , , | Leave a Comment »

[Inspiration] Ulterior Verse of the Day – Christian Airways

Posted by Lex Fear on December 3, 2006

My congratulations go out to Nadia Eweida on her ‘win’ against her employer, BA over wearing her jewelery at work. Well done for showing them that being a Christian isn’t about a life devoted to Christ, or being forgiven and set free from religion. No, instead, it’s about making sure we wear a piece of jewelery to symbolise every religious thing we stand for.

Now before anyone decides to leave a comment and kindly inform me this has been already been covered and is ‘old news’, I haven’t had an Internet connection for a while and I have something to say about the matter from a born-again Christian perspective, so siddown!

This is my piece- Nadia, you’ve sold Jesus short, you’ve sold us all short! You used the logic that because other religions are allowed to wear their religious articles, that you are entitled to wear your religious article! The whole point of being a Christian is being free from religion, being free from religious and sacrificial requirements! Those other religions are not free, they’re in bondage because it is a requirement they wear certain articles of clothing to keep themselves pure/faithful and sinless. We are free from this bondage and so no Christian has to wear stupid jewelery or clothes!

Why not take a leaf out of St. Peters book and wear an upside down cross? Peter was crucified upside down, why? No it wasn’t because it had anything to do with Satanists, that’s another group of dumb asses who don’t know reality. It was because he requested this, he felt he was not worthy of being crucified the right way up like Christ. So question your conscience, question your worthiness. Perhaps you should be putting more effort into your character to show those around you that you are a Christian, rather than relying on a piece of jewelery. If you have to wear a piece of jewelery so people know you are a Christian, something has to be missing.

Today’s Ulterior Verse is dedicated just to you:

“Listen! I, Paul, tell you this: If you are counting on circumcision to make you right with God, then Christ will be happy with you. I’ll say it again. If you are trying to find favor with God by being circumcised, you will. For if you are trying to make yourselves right with God by keeping the law and religious expression, you have been made one with Christ! You are fully in God’s grace.

We who live by the Spirit eagerly wait to receive by religious expression the righteousness God has promised us. For when we express our religion, there is benefit in being circumcised. What is important is expressing faith through circumcision.” – Galatians 5:2-6 NLT

Posted in Dark Side of the Light, Laymans Theology, Pharisees, The Purpose Missing Church, The Religious Wrong | Tagged: , , , , , , , | 2 Comments »

[Financial Terrorism] Banks Behaving Badly

Posted by Lex Fear on December 3, 2006

I really want to go into topics like this in detail, alas, time is not on my side. So check this article instead and open your eyes to the everyday evils:

Banks Behaving Badly

Edited to include:

What Financial Firms Think About You
Your Credit Cards Need £1 Billion!

Make no mistake, banks are profit-geared organisations. They look after your money, just like a crocodile would look after your livestock.

Of course, in the western world we are now forced to hire crocodiles to run our farms, since it is very difficult to achieve anything without a bank account. We need a revolution, or politicians with balls.

Anyway just be aware of who your dealing with- a bank managers priorities are in this order:
1. Christmas Bonus
2. Profit
3. Shareholders
4. Big money clients
5. Your savings account

The old saying rings true, “A bank manager loans you an umbrella whilst the sun is shining, and takes it back when it starts raining.”

Posted in Analogies, Bad Company, Bank Robbers, Buyer Beware, Financial Terrorism, Little Hitlers, Morals & Ethics, Predatory Systems, Profiteering, Takeback, Uncircumcised Philistines, Wealth Creation | Tagged: , , , | Leave a Comment »