Some brief extracts from
Be honestOne, 20 years ago, nipping round to the estate agent to put down the deposit on my first house. Was trying not to lose sight of a...
The Bill of Rights Act of 1868 plus 1 section 12 states:-
"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void".
"Before conviction" means that no fine or forfeit can be imposed until and unless the individual is convicted in a court of law.
The Bill of Rights is known as 'consbreastutional law'.
Successors to the Bill of Rights Act are known as 'ordinary laws'.
Of course, under consbreastutional law, the Bill of Rights Act 1689 gives way to acts such as the Road Traffic Acts of 1991 and 1994. This is because Road Traffic Acts provide for penalties outside of a court and, under British law, it is always the later Act that takes precedence. Thus, the Road Traffic Acts of 1991 and 1994 repeal the Bill of Rights Act to the extent that they differ.
Herein lies the conflict. During the 1990s, the majority of local councils in England and Wales "decriminalised" the levying of parking fines. This means that, instead of referring disputes over penalties to legal bodies such as magistates courts, now, disputes are heard by administrative bodies.
Unless the road traffic acts expressly refer to the fundamental rights laid down by the Bill of Rights Act (which they do not), they must fall by the wayside since, according to the Divisional Court, the Bill of Rights Act cannot be impliedly repealed. It is a consbreastutional Act that protects our "consbreastutional rights".
parking illegally and fined in a court of law, then it is in contravention of the Bill of Rights Act of 1689 for them to extract a fine from you for parking.
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Regards, Harry (M1BYT) (L)
