|Proforma Letter - amend as
Chief Executive [Address of Local Authority]
Please find enclosed a copy of Parking Ticket [insert reference number] which I received on [date]. It was issued by [name of company issuing ticket] on behalf of [Local Authority] and is attempting to impose a 'Penalty Charge' of £XX (reduced to £XX if paid within XX days).
Upon checking the legislation, I was surprised to find that [Local Authority], 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 As you will be aware, the Bill of Rights is a "constitutional statue" and may not be repealed impliedly.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 "Metric Martyrs" 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 Ordinary statutes may be impliedly repealed.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 the [insert name of relevant Act or Acts e.g. Road Traffic Act 1991, Road Traffic Act 1994, London Local Government Act 2000, etc] makes express reference to repealing the Bill of Rights Act 1689.
Therefore, it would appear that [Local Authority] 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 Council 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.
Yours sincerely, etc
1. Photocopy of Penalty Charge Notice
2. Extract of the Bill of Rights Act 1689
3. Extract of Metric Martyrs Judgment, sections 62 and 63.