Disclaimer: Please be aware no legal advise is being given below. We are merely suggesting processes and methods that may be pursued to lawfully defeat unjust and invalid charges, certainly not to encourage, aid or abet criminal activity. Anyone following the suggestions below, do so entirely at their own risk.
If you intend to challenge a parking fine, a speeding fine or other PCN you need to be certain you are doing it for the right reason. Is it to get out of irresponsible behaviour or is it because you know who you are (legally) and you’ve been unfairly treated? Until you know who you are (legally) and how you need to be responsible for your actions, your heart will not be driving your actions. If you are going to assert your authority in Law, you must realise that you are totally responsible for your actions, the blame game only works in the system we have now.
In most instances, the first you will know of the alleged offence will be a letter through the post, or a small package placed under your cars windscreen wipers. If you were doing 80 mph past a school with children around, or you blocked an ambulance or fire engine access then forget it, do not challenge, you will end up with criminal charges. If however you were doing 45 in a 30 at 2 o’clock in the morning, or 90 on an empty motorway, or were five minutes over on a meter, you have grounds for a grievance.
In the first instance, return the PCN untouched stating clearly on the envelope “NO CONTRACT, RETURN TO SENDER” equally important, return the document within three (3) days, as any contract can be voided within three days. Failure to return documents within the stated time is the legal equivalent of providing joinder, you either acquiesce to the charge or you challenge it, whichever you do needs to be done in a timely fashion.
In many instances that may be the end of the matter, the issuer hopefully realises they are dealing with someone who knows their rights, and it is not worth them pursuing the matter. However, there is no guarantee that it will not be pursued. The form below shows an example response, if the issuer persists on chasing the fine. Replace all the pertinent parts to properly represent yourself, such as NAME and Name in part four.
The society mentioned in part 8 is actually the Law Society, unless you are a police officer, lawyer, barrister, judge or similar you are NOT a member of that Society, so its rules don’t apply to you, unless you consent.
Incidentally private charges, from private companies to unclamp or release a car after towing are not legally enforceable at all, if they fail to release your vehicle you can prosecute them for theft effectively. They are not members of the Law Society (almost certainly) and legal charges can only be issued by a court of law. Similarly, parking tickets issued by private companies are not enforceable, they should in all cases be thrown in the bin and ignored, but do see the disclaimer above.The author can confirm he has done that and 2 1/2 years later nothing has happened. An article on the BBC website a few months ago stated that thousands of illegal tickets have been issued and those paying fines should be eligible for refunds. Private companies assume that most recipients of tickets will simply pay, assuming them to be legitimate and that they have to pay – you don’t! DVLA should not give out personal details to private companies, so all they have are your car details, unless you contact them, hence the advise is to throw away the ticket and forget about it.
However, very importantly, if a parking ticket is issued by a constabulary or a council traffic warden, these should not be thrown away or ignored. You have to either pay these, or challenge them – within 3 days of issue. Ignoring them means you agree to them by tacit procuration (agreement through acquiescence) or silent agreement, a lethal act under admiralty law. Ignoring the document gives the agency the Common Law doctrine of ‘Stare Decisis’ and a summary judgement, the case is now already decided and cannot be argued.
The following is an example response to a PCN:
_____________________________________________________________________
Whoever, d/b/a CEO of SUCH AND SUCH COUNCIL
c/o 123 Anywhere Street
Anywhere town
[ZZ12 3ZZ]
Date:
Ref:
NOTICE
Dear Whoever,
The contractual offer in the form of a PENALTY CHARGE NOTICE # ****** that you addressed to the legal fiction person JOHN DOE has been received. To assist you in this matter, and whilst wishing to cause no controversy, I would like to inform you of my current understanding via the facts listed below:
JOHN DOE is a legal fiction and artificial entity.
The legal fiction person JOHN DOE is the registered keeper and driver of the registered vehicle *** ****.
I, a man known as John of the family Doe am not the legal personality
JOHN DOE or any other legal fiction and artificial entity.
I, a man known as John of the family Doe am not liable to or for the legal fiction JOHN DOE or any other legal fiction and artificial entity.
I, a man known as John of the family Doe am not liable for any public debt/liability at any time whatsoever.
SUCH AND SUCH COUNCIL is an artificial entity and legal fiction within the UNITED KINGDOM.
The UNITED KINGDOM is an artificial entity and legal fiction.
I, a man known as John of the family Doe am not a UNITED KINGDOM “citizen,” “subject,” “vessel” or “person” or any ens legis artificial entity, procedural phantom, legal fiction or juristic personality within the UNITED KINGDOM.
I, a man known as John of the family Doe am not liable to or for any Government statutes, rules and/or codes, including, without limitation, UNITED KINGDOM Codes and statutes and/or codes of any of your political subdivisions.
Any party that would order, represent or persuade me, a man known as John of the family Doe to falsely present myself as a UNITED KINGDOM citizen, vessel or person directly or by deception, device, misnomer, mistaken identity, warrant or indictment, real or imagined, would be engaging in Enticement to Slavery.
A legal fiction corporation cannot secure in personam jurisdiction over or against me, a living man known as John of the family Doe, without my voluntary election to submit.
Any Police Officer and/or Government/corporate officer, agent and/or employee who attempts to enforce statutes against me, a man known as John of the family Doe, would be engaging in Enticement to Slavery.
I, a man known as John of the family Doe am not a member of any society whatsoever and therefore I am not bound by any society’s statutes, rules or codes.
Any party that alleges a liability against me, a man known as John of the family Doe, is obligated to produce an Affidavit of Liability to demonstrate such liability.
You do not have a valid claim against me, John of the family Doe, in this matter.
I do not have any contract or agreement with you that requires me to perform in any way whatsoever.
I trust this helps you resolve the liability you have created in this matter. To facilitate clarity please be aware that this notice hereby serves to inform you that I, a man known as John of the family Doe, do not wish to contract with you. If you are attempting to collect funds from me in this matter, you would be engaging in “extortion” and therefore violating the law and committing an injury against me. This notice also serves to inform you to immediately cease and desist in any attempt to collect funds from me in this matter. If you do not cease and desist I would be impelled to proceed with private administrative procedures and draft an affidavit, sworn under unlimited commercial liability, and name you privately as the respondent, and therefore obligating you, if you choose to rebut, to respond via a sworn affidavit and providing evidence to support any rebuttal. If you do not respond to this Notice within three (3) days it will be deemed by all parties that this matter is closed. I strongly recommend that you proceed no further in this matter.
Yours truly and with all rights reserved,
By: _____________________________
John of the family Doe, in rerum natura
c/o 123 Anywhere Street
Anywhere town
[ZZ12 3ZZ] Non domestic without the UK
I, a man known as Richard of the family Head, hereby confirms to witnessing a man, known to me as John of the family Doe, signing this notice on the date of:
____________________________________.
By: _____________________________
Richard of the family Head, in rerum natura
c/o 123 Anywhere Street
Anywhere town
[ZZ12 3ZZ] Non domestic without the UK
Saving...