fuzzyduck
04-06-2009, 02:31 AM
Any body out there have an interest or a deeper knowledge into this subject?
I wish to file a statutory declaration for unpaid penalty charges (8 in total).
My car was towed away and is in the car compound, my argument is that the fines are invalid according to the bill of rights.
My reasons to apply to the stat dec are:-
1. Under the Bill of Rights 1689 section 2 clause 12 it was illegal in the first place to give me a fixed penalty fine before presenting me in a court of law so the fine is not valid.
2. I understand that a fixed penalty charge is infact a fine, which is clearly stated on Islington Council's website, also the word penalty is defined in dictionaries as a fine or forfeiture.
3. Islington Council is in breach of the law by impossing a fine without the process of judgement and conviction in a court of law, thus being in failure of my rights as I was not given the opportunity to defend myself against any of these fines in a court of law, which is my right.
4. I understand that a lot of legislation has been passed since the bill of rights 1689 but it is still on the statute books, still in full force and effect not repealed and not amended.
5. The said fines and forfeitures are in fact void and illegal under the Bill of Rights 1689 section 2 clause 12 and I demand that the liability be removed and the officers who issued said penalties be reprimanded for their flagrant and blatant disregard of my rights.
My queries on this matter are that there was no warrant issued in order to lift the car, so i am not sure if i can file it in a county court as the court has not been involved this the matter so far.
Also who would i address this matter to as it does not apply to the three grounds on the stat dec form so cannot be addressed to the TEC.
And last of all, do I involve the car compound into this matter for lifting the car and for charging a daily fee, as it is them who i wish to release the car.
I have tried to research this subject as deep as i can, but cannot find a sure way of completing it, so as to be fully confident and comprehend all the facts.
If there is someone out there who is willing to shine a light on this matter or wether this is just a subject some of you would like to openly discuss, due to your own future remedies or past experiences, I look forward to your input with much admiration & gratitude.
I wish to file a statutory declaration for unpaid penalty charges (8 in total).
My car was towed away and is in the car compound, my argument is that the fines are invalid according to the bill of rights.
My reasons to apply to the stat dec are:-
1. Under the Bill of Rights 1689 section 2 clause 12 it was illegal in the first place to give me a fixed penalty fine before presenting me in a court of law so the fine is not valid.
2. I understand that a fixed penalty charge is infact a fine, which is clearly stated on Islington Council's website, also the word penalty is defined in dictionaries as a fine or forfeiture.
3. Islington Council is in breach of the law by impossing a fine without the process of judgement and conviction in a court of law, thus being in failure of my rights as I was not given the opportunity to defend myself against any of these fines in a court of law, which is my right.
4. I understand that a lot of legislation has been passed since the bill of rights 1689 but it is still on the statute books, still in full force and effect not repealed and not amended.
5. The said fines and forfeitures are in fact void and illegal under the Bill of Rights 1689 section 2 clause 12 and I demand that the liability be removed and the officers who issued said penalties be reprimanded for their flagrant and blatant disregard of my rights.
My queries on this matter are that there was no warrant issued in order to lift the car, so i am not sure if i can file it in a county court as the court has not been involved this the matter so far.
Also who would i address this matter to as it does not apply to the three grounds on the stat dec form so cannot be addressed to the TEC.
And last of all, do I involve the car compound into this matter for lifting the car and for charging a daily fee, as it is them who i wish to release the car.
I have tried to research this subject as deep as i can, but cannot find a sure way of completing it, so as to be fully confident and comprehend all the facts.
If there is someone out there who is willing to shine a light on this matter or wether this is just a subject some of you would like to openly discuss, due to your own future remedies or past experiences, I look forward to your input with much admiration & gratitude.