Wednesday, March 30, 2005

Feel free to copy, there is no copyright on an Anoneumouse montage. (click on image to enlarge)

Message for 'people' in the EU

If you receive a fixed penalty notice for alleged illegal parking in England or Wales, in theory, under COUNCIL FRAMEWORK DECISION 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties. Which entered into force on March 22nd, 2005. You can be pursued for that penalty, when you return to your home State.

I would like to inform you, that under English Law you are not obliged to pay a fixed penalty, unless you have been convicted by a court of law. This fundamental freedom is established in the Bill of Rights 1689, where it states: That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void.

Under section 11 of the UK Human Rights Act 1998, A person's reliance on a Convention right does not restrict-any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom;

Although, Article 1 (iii) of 2005/214/JHA states: an authority of the issuing State other than a court in respect of acts which are punishable under the national law of the issuing State by virtue of being infringements of the rules of law, provided that the person concerned has had an opportunity to have the case tried by a court having jurisdiction in particular in criminal matters;

I would like to inform you, that the National Parking Adjudication Service in the UK is not a court of Law within the meaning of Article 234 EC, therefore its decision will be in contravention of Article 6 of The European Convention on Human Rights

The Court of Justice has recently confirmed its previous caselaw according to which an arbitration panel is not a national court or tribunal within the meaning of Article 234 EC. Consequently, the ECJ has no jurisdiction to answer a question referred to it by such a panel.



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