Please start a thread of your own if you wish to report any developments.
If you do challaenge the tickets could you include copies of the letters you have recived in your thread.
Also could you include a link to your thread in this thread.
Cheers
JOSH_IOU
amend as necessary
Dear [name],
Please find enclosed a copy of the Penalty charge Letter Notice [insert reference number] which I received on [date]. It was issued by [name of company issuing ticket] on behalf of [train company] and is attempting to impose a 'Penalty Charge' of £XX (reduced to £XX if paid within XX days).
Upon checking Statute Law, I was surprised to find that [the train company], or its agents, appear to be attempting to extort money from me 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 or forfeit can be imposed. As you will be aware, the Bill of Rights is a "constitutional statue" and may
not be repealed impliedly. As stated in the "
hoburn v Sunderland City Council" 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 Ordinary statutes may be impliedly repealed.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 any Statute Laws of england makes any express reference to repealing the Bill of Rights Act 1689.
Therefore, it would appear that [train company] and its agents have no lawful authority to demand money for an alleged infringement that has not been dealt with by a Court of Law. If you wish to proceed against me, please refer the matter to a Court of Law in an orderly fashion. Otherwise, the forfeit demanded of me is illegal and void.
Please also confirm to me in writing that you have advised the relevant officers of the Company and its agents that they are acting illegally by attempting to claim powers which are forbidden to them, and that all issuing of penalties is being done only after conviction by a Court of Law.
I should warn you if you do proceed to the court the court may take this notice as harrasment. Under the administration of jsutice act this notice is not enforcable in acourt of law.
Yours sincerely, etc
ENCLOSURES
1. Photocopy of Penalty Charge Notice
2. Extract of the Bill of Rights Act 1689
3. Extract of hoburn v Sunderland City Council Judgment, sections 62 and 63.