Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
As I was unable to quickly locate a standardised letter to send to local authorities regarding parking fines, I wrote the one below.
So far, two of my mates have used it. Neither of them has heard back from the authorities since sending it.
Feel free to copy and amend it as you like.
Penalty Charge Notice:
Date of Notice:
Dear Sir or Madam,
With reference to the above Penalty Charge Notice and your demand for payment, I would refer you to two clauses of The English Bill of Rights, 1689.
Clause 10 states:
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Clause 12 states:
That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.
With respect to Clause 10 I would suggest that a penalty charge of £100 (or even £50) is excessive and therefore illegal under the terms of The Bill.
With respect to Clause 12 I would advise you that your request for payment without a conviction is illegal and void. Such a request is little more than an attempt to gain money by bullying and, unless you wish to take me to court to obtain the aforementioned penalty charge, I shall not be paying it. Furthermore, I would advise you that if you do start court proceedings against me to obtain said charge I will not be liable to pay court costs as the sole purpose of the court proceedings would be to obtain the aforementioned charge.
I demand a reply within 7 days of the date of this letter advising me that you are dropping this case, however, if I do not hear from you after this period has passed I will take it as read that you have dropped any and all charges against me.
That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.
With respect to Clause 12 I would advise you that your request for payment without a conviction is illegal and void. Such a request is little more than an attempt to gain money by bullying and, unless you wish to take me to court to obtain the aforementioned penalty charge, I shall not be paying it. Furthermore, I would advise you that if you do start court proceedings against me to obtain said charge I will not be liable to pay court costs as the sole purpose of the court proceedings would be to obtain the aforementioned charge.
quote]
You have no chance using this defence, because this defence has already gone to high courts, and was refused a Judicial Review.
However, on 6th July 2006 in the Royal Courts of Justice, the Judge refused Robin de Crittenden oral application for Judicial Review, declaring that, "the Bill of Rights does not apply to parking as parking tickets are not fines or forfeitures."
Standard letter to local authorites
Reply With Quote
Re: Standard letter to local authorites
Originally Posted by kopite71
