Monday, August 15, 2005

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

Finding a Space for Parking Policy

The House of Commons Transport Committee PRESS NOTICE (read here) Finding a Space for Parking Policy, was issued on the 9 August. It states that “Concerns have been raised over the standard of enforcement activity undertaken by some councils and contractors”

In light of these developments, the Transport Committee has decided to inquire into the current effectiveness of parking provision and enforcement policy. In particular, the Committee wishes to examine:

• Are local authorities carrying out parking control reasonably, fairly and accountably?

• What action would raise the standard of parking enforcement activity? Is Statutory Guidance needed to promote consistency?

• Is the appeals process fair and effective? How could it be improved?

• How can public understanding and acceptance of the need for parking policy be achieved?

Interested parties are invited to submit written memoranda to the Committee before Monday 3 October 2005.

Well Mrs Gwyneth Dunwoody, despite the fact that the hyper link provided on the press notice does not work, here is my memoranda for the committee and to people who are citizens of member states of 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on him by or under any law having effect in any part of the United Kingdom; The 1689 Bill of Rights has not been repealed.

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.

As a foot note, I see Niel Herron has got The City of Sunderland on the run again.



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