Bill of Rights 1689

From Neil Herron's Blog Neil Herron's Blog here legal challenge to fixed penalty parking fine. (citing the 1689 Bill of Rights)

I can testify that this approach really works. Below is a copy of a letter I sent to the DVLA Preston office in November 2003. I now have my returned, cancelled cheque on my office wall.

Att. Mrs P Woolley
DVLALO (ENF)
1 Fulwood Park
Caxton Road
Fulwood
Preston
PR2 9NZ


Without prejudice and you may wish to seek legal advise on this mater

As I am not the owner or keeper of the vehicle, how can I be held responsible for paying and taking out a licence. This is contrary to section 1 of the Vehicle Excise and Registration Act 1994. Where it states that the keeper is the person responsible for taking out and paying for the licence.

On the day in question, as an employee, then surely the only offence I had committed was that of failing to display. (not exhibiting licence) section 33-1 (b).

As an employee I was driving the vehicle, with the owner / keepers consent, which was being used by the (owner, keeper) employer, for his business use.

Had the policeman properly cautioned me for the offences, and informed me promptly, in a language, which I understood and in detail, of the nature and cause of the accusation against me; which I can assure you he didn't, contrary to Article 6.-3 (a) of the Human Rights Act 1998. I would have elected to go to court and not pay the fixed penalty that was issued to me at that time.

Please find enclosed a personal Cheque to the value of £31. This is submitted under protest and if cashed, I reserve the right to bring proceedings under section 7. - (1) of the Human Rights Act 1998

May I remind you under section 6. - (1) of the Human Rights Act 1998, It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

Section 11. A person's reliance on a Convention right does not restrict-

(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom.

The law in England, states in the Bill of Rights 1689
'That all grants and promises of Fines and forfeitures of particular persons before conviction are illegal and void."

In 1913 (Bowles v Bank of England) it was ruled that:
"The Bill of Rights still remains unrepealed, and practice of custom, however prolonged or however acquiesced in on the part of the subject, cannot be relied on by the crown as justifying any infringement of its provisions."

On the 21 July 1993, the Speaker of the House of Commons issued a reminder to the courts: '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 2002 (Thoburn v Sunderland City Council ("Metric Martyrs") ) In the present state of its maturity the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental.…….The special status of constitutional statutes follows the special status of constitutional rights. Examples are the Magna Carta, the Bill of Rights 1689……Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a constitutional Act or the abrogation of a fundamental right to be effected by statute, the court would apply this test:….