Congestion Charge Challenged??

[falcon185]

Hi all,

I read somewhere ( I think it was the Mail on Sunday a while ago) that a person had challenged the Congestion charge in London and won the case using some old legislation. I was wondering if anyone else had read the same or knows anything more about the legallity of the Congestion charges imposed on anyone entering these areas?

Apparently "Red Ken" Livingstone has no authority to charge anyone entering the City of London and any vehicles siezed or monies paid due to these areas have been taken unlawfully?

I would be interested to know more if anyone can shed some light on the subject?

 

Since challenging and winning this fella has not paid congestion charges in London since!

[djweeble]

A lot of the embassies in London are challenging the charge as they claim it is an illegal tax, not a charge for a service.

[falcon185]

I understand the American Embassy paid up for the charges they had incurred, however, it may well be that the charges are unlawful contrary to common law. I'm not sure what piece of legislation this fella used but he hasnt paid congestion charges since winning at court.

[lookinforinfo]

I think this is what you are referring to-

 

BBC NEWS | UK | England | Hereford/Worcs | Man challenges fine with 1689 law

[hagenuk]

Some more information for you on this subject, it's not as simple as you may hope.

 

06/07/06

 

Judge declares "Bill of Rights does not apply to parking as parking tickets are not fine or forfeitures"

 

In Court 2 at the Royal Courts of Justice in the Strand, 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."

 

He also declared that NPAS were independent.

 

But this is clearly an establishment decision with a Judge basically saying Parliament can do what it likes. The public will be able to work out for themselves the mendacity and duplicity behind this decision in order to protect the "parking industry " worth £1 billion a year, in which the adjudicator also has a beneficial financial interest (NPAS and PATAS receiving 55p and 45p per Penalty Charge Notice respectively). We know that the public will not be deceived. Further judicial reviews are planned by other appellants exposing the lack of independence of the adjudication service, breaches of Article 6 (1) of the European Convention of Human Rights (ECHR) and also the illegal activities of local authorities.

 

The victory today will come from examination of Justice Collins judgment which will create a constitutional crisis ... The Bill of Rights no longer applies.

 

This judgment will now open the door for local authorities and Government abuse at every level ... Fines for littering, fines for not putting your bin far enough out into the street, fines for wearing a loud shirt in a public place, fines for failure to recycle... all on the say so of a badge wielding Government appointed jobsworth, without there ever being recourse of reference to a Court of Law...except for the registration of a civil debt. The general public are now living in the real "big brother house".

 

 

1689 BILL WON'T SAVE ILLEGAL 'PARKERS', JUDGE RULES

 

A senior High Court judge today demolished the belief that the 1689 Bill of Rights outlaws parking charges because they have not been imposed by a court of law.

 

In a ruling which will dismay a lot of motorists and bring relief to local authorities, Mr Justice Collins said the belief was "baseless" and "a nonsense".

 

The judge said: "The only surprise I have is that this argument has been produced on a number of occasions and seems to have worried local authorities and possibly even parking adjudicators.

 

"All I can say is that they should cease to worry. It is, as I say, a completely baseless argument."

 

The judge was refusing an application by retired business consultant Robin de Crittenden, of Willenhall, near Wolverhampton, for permission to seek a judicial review based on the Bill of Rights argument.

 

Many supporters were hoping his legal challenge would lead to every parking fine in the country being declared invalid or "unsafe".

 

Mr de Crittenden was issued with a £60 penalty charge by Worcester City Council in June 2003 for allegedly exceeding his permitted time in a parking bay.

 

He described the system for parking regulation as a "vast money-making machine that is a disgrace to local authorities".

 

He took his case to the National Parking Adjudication Service (NPAS) and won his appeal last November because there were flaws in the documentation provided by the local council. (actually because they failed to attend the hearing - Hagenuk)

 

Not content with winning his case on a legal technicality, Mr de Crittenden decided to come to the High Court in a bid to KO the whole current parking regulatory system.

[falcon185]

06/07/06

 

Judge declares "Bill of Rights does not apply to parking as parking tickets are not fine or forfeitures"

 

In Court 2 at the Royal Courts of Justice in the Strand, 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."

 

 

I hear what your saying Hagenuk but the congestion charge is not a parking charge, its for actually entering our own Capital City. A charge is incurred even if you dont stop and drive straight through London. The article I mentioned was in fact in relation to the Congestion charge and not parking charges.

I did read it some weeks ago but cannot find the article in question, if I manage to find it I will post it here.

 

Bazza

[hagenuk]

This is the latest I can find on this.

 

PATAS faces another Bill of Rights Challenge

 

 

This time it has been submitted by a solicitor, Frank Rayner. The adjudicator has requested 5 weeks for consideration.

The appellants Skeleton Argument is listed below:

 

 

IN THE PARKING AND TRAFFIC APPEALS SERVICE

Case number.9060054726

 

BETWEEN

FRANK RAYNER

 

And

 

TRANSPORT FOR LONDON

_____________________________________

APPELLANT’S SKELETON ARGUMENT

 

INTRODUCTION

 

1. The Appellant seeks to appeal against Transport for London’s rejection of its grounds for appeal

 

SUMMARY OF THE FACTS

 

2. The Appellant makes no comment on the alleged facts relating to the alleged infringement of the Congestion Charge having sought to appeal the decision of TFL on the basis that its attempt to impose a penalty charge(s) on the Appellant is unlawful

 

3. The Appellant has refuted TFLs right to impose this charge on the basis that it is extorting money and is in breach of the express provisions of the Declaration / Bill of Rights 1689.

 

4. Accordingly it is submitted that the appeal should be upheld.

 

THE ISSUES

5. The Appellants submit that the issues for the adjudicator to decide are as follows;

 

a. Whether the Declaration / Bill of Rights has been repealed by the Congestion Charge Scheme

 

b. If the Declaration / Bill of Rights has not been repealed whether the Congestion Charge Scheme in particular the facility to levy varying penalty charges is consistent with Declaration / Bill of Rights;

 

c. In particular whether or not the penalty charge is a "fine or forfeit";

 

d. that TFL and its agents have no lawful authority to demand money for the alleged infringement that has not been dealt with by a court of law

 

e. whether PATAS is an independent tribunal;

 

f. whether the constitution of the PATAS breaches the Appellants right to a fair hearing;

 

THE LAW

 

6. The Appellant will say that the substantive law relevant to this appeal is the Declaration of Rights and the Bill of Rights upon which it is based

That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void

7. The Appellant further refers to the case of the Metric Martyrs Judgment at sections 62 and 63.

 

8. The Appellant notes that TFL has referred to the recent application of Mr R de Crittenden for judicial review.

 

9. The Appellant notes further that TFL relies on an adjudicators decision in Robin Townsend v Transport for London. TFL has declined to produce a transcript of the case however and suggest that the Appellant obtain a copy from PATAS. The applicant has not been issued with a copy of this case and is therefore unable to evaluate it.

 

SUBMISSIONS

10. The Appellants submits that the Declaration of Rights 1689 contained the terms of the Settlement to put an end to years of revolution. The Agreement was made between William of Orange and those members of the general public that he had called to meet with him and which enabled William to claim legitimate kingship and thereafter summon lawful Parliament.

 

11. The most important task undertaken by the new Parliament was to create a Parliamentary Recognition of the Declaration of Rights and the complete text of the Declaration of Rights was incorporated into an Act of Parliament known as the Bill of Rights.

 

12. The Appellant contends that the significance of this is that whilst the Bill of Rights is a creature of Parliament and subject to repeal & or amendment the Declaration is NOT such a creature and accordingly not subject to repeal and or amendment by any parliament.

 

13. Accordingly even if which is denied the Adjudicator were to hold that the Bill of Rights was amended or repealed by the provisions enacting the Congestion Charge Scheme these cannot be held to apply to the Declaration.

 

14. The Appellant contends that the Declaration / Bill of Rights have not been amended or repealed by the Congestion Charge Scheme. Further the provisions of the Bill of Rights are clear and express, ie :

That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void

 

15. TFL has sought to argue that the Congestion Charge Scheme is compatible with the Bill of Rights as "its intention was to protect the rights of citizens and prevent the imposition of penalties without a right of challenge." The Appellant has challenged TFL to substantiate the basis of this interpretation but notes that TFL has still been unable to do so. It would appear that TFL believes that repeating the same opinion makes it a fact.

 

16. The Appellant rejects the relevance of this opinion of TFL and is content to rely on the clear and express wording of the Bill of Rights. In particular there is no issue of rights of challenge when a fine or forfeit is void ab initio before conviction.

 

17. The Appellant has referred to the case known as the Metric Martyr’s case in particular at sections 62 and 63. It is noteworthy that TFL whilst acknowledging that the Appellant has relied on this case fails to comment or challenge the findings.

 

18. The case is of paramount importance in that Justice Laws held that a later statute did not impliedly repeal an earlier one where there was incompatibility when the earlier statute had a special "constitutional" status. The judge expressly referred to the Bill of Rights 1689 in this category.

 

19. Accordingly insofar as the penalty charge is a fine or forfeit it is unlawful to seek to impose or enforce it in the absence of conviction.

 

20. TFL then refers to a further adjudicators decision which is submits supports its contention that the imposition of a penalty charge is a civil matter and therefore not a fine. TFL acknowledges that this adjudicators decision is not directly related to the Congestion Charge Scheme.

 

21. The Appellant has no access to this decision and it is noteworthy that TFL declines to provide a copy nor indeed has it cited any passage of any relevance. Notwithstanding the Appellant denies it has any relevance to the instant appeal. Insofar as it alleges otherwise TFL should be compelled to make full and detailed submissions on the point given its importance.

 

22. As to the substantive issue as to whether or not the penalty charge is a fine or forfeit the Appellant finds the argument disingenuous. The fact is that a penalty charge meets all the criteria for the definition of a fine or forfeit and to maintain otherwise is emabarrassing to the Appellant.

 

23. The penalty charge is clearly intended to intimidate and enforce conduct by the use of financial sanctions. If the matter were a purely civil one then the Appellant suggests that the sum levied should bear some resemblance to the loss or damage incurred by TFL. Clearly this is not the case. To continue the civil analogy further it is well established that a penalty at civil law is void at common law.

 

24. TFL further refers to the recent application by Mr R de Crittenden before Mr Justice Collins. Whilst the judge declined Mr de Crittenden’s application for judicial review it is denied that this has settled any matters as Mr de Crittenden is filing papers with the Court of Appeal and may even take it to the House of Lords if necessary.

 

25. Further it is not apparent from TFL reference to Mr de Crittenden’s application whether Mr Justice Collins considered the arguments raised by the Appellant in this appeal in relation to the Congestion Charge, nor Mr Justice Laws judgment in the Metric Martyrs case. TFL makes no submissions on these points.

 

26. Notwithstanding the foregoing the Appellant challenges the independence and impartiality of the adjudicator and refers the adjudicator to the attached extract from submissions made to PATAS in the matter of an appeal by Alan Parker against TFL, in particular the submissions of Barrie Segal of AppealNow.com.

 

CONCLUSION

 

27. In the premises the adjudicator is requested to find that TFL has no authority to impose the penalty as claimed or at all, that its purported enforcement should be rejected and the appeal upheld.

 

 

 

 

FRANK RAYNER

7 th October 2006

[parkingforall]

Hi, sorry i can't help but, was hoping if anyone knew how this case panned out. Also i have to go to court against TLF about the congession charge. Would to know were i stand legally, as well as were do the TLF stand legally. And what action can i take.

[jone_it]

So, lets exchange our experiences, I've already finished "the 2nd stage of rejection" (i.e. PATAS rejected my appeal) and I'm looking for a way to go court. Just having very strong wish not to pay a penny without a proper and lawful court judgement to those TFL scums.

[sam1888]

Hi, I was going to an interview at the edge of the zone near Holland Park, I didnt realise it was the zone that far north, until 3 weeks later when I received a £60 fine notice.

 

Does anyone know shouldnt they surely have to send a warning letter to pay first, as I didnt realise I had to at all, or I would have obviously.

 

This is very draconian I cant believe it. And I didnt get the job!

 

Any advice anyone as I will appeal it, the job agents told me wrong. Argh!

 

What is really annoying is there is no option to even pay the normal fee when you didnt realise it was a payment due.

[green_and_mean]

You could have paid once you realised you had strayed into the zone.

[sam1888]

I didnt realise that is the whole point or I would have. The first I knew of it was three weeks later when I got the PCN for £60!!!

 

Obviously I'd have paid either £8 or £10 even if I knew I had to. But it doesnt give me that option now, and it's the first I know of having to pay it. Seems highly unfair, as the £60 fine should be for those evading it surely?

[Oddly]

Same thing happened to me - I wasn't sure whether I'd infringed the Zone and the got the £60 fine in the post. I'm appealing - I spent all day avoiding the Zone ! Wasn't sure whether I'd been inside or not. The sign was really bad going into Chester way, Kennington from the left lane of Kennington Lane so I went in to turn round and then saw the C. There should be some means of checking daily whether you are required to pay - it would be a simple operation on their part.

[Oddly]

Does anyone know if there is a sign up on the left hand side of Kennington rd going towards Chester Way - there were a lot of roadworks and I didn't see one. Is there anyone out there who can help. These fines are very unfair.

 

Not as unfair as the £280 I had to pay to get the car from the Pound after parking on a single yellow in Lambeth on a weekend. Since when can any Council decide on National regulations or are laws being privatised too ?? Is there any appeal for that - an ombudsman maybe ?? I want my money back - it's not really justice in the true sense of the word, to put it mildly....

[sam1888]

Same thing happened to me - I wasn't sure whether I'd infringed the Zone and the got the £60 fine in the post. I'm appealing - I spent all day avoiding the Zone ! Wasn't sure whether I'd been inside or not. The sign was really bad going into Chester way, Kennington from the left lane of Kennington Lane so I went in to turn round and then saw the C. There should be some means of checking daily whether you are required to pay - it would be a simple operation on their part.

 

I did appeal, and won. Keep appealing. I got evidence my my agent saying they had incorrectly informed me too, etc. Get as much as you can to evidence any error.

 

The other side didnt put up any challenge so I automatically won.