Hi everyone - I've been following this topic with interest and have cobbled together a letter of my own thanks to the wisdom and generosity of this forum (and others).
It's a bit of a sledgehammer for a nut, but i) I'm hoping to get back fines paid without conditions and ii) I have a few of these to do so want a good working template.
Feel free to make comment and highlight any additions and omissions,
Brent Parking Services
Notice of Claim for Full Refund
RE: [PCN: REG: ]
Please read the following notice thoroughly and carefully before responding. I am claiming a full refund in 14 days from the date of this letter for the charge of £55 made in regard to the Penalty Charge Notice above. Failure to respond to this claim and to do so completely and in good faith within 14 (fourteen) days from the date of this letter and by recorded delivery will be deemed by all parties to mean you and your principal or other parties agree in full to the points made herein and wholeheartedly accept this claim.
For this reason it is important that you consider and respond to the offer in substance. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.
On I received a PCN for allegedly parking in contravention of some statute. I made representations against this claim, writing that there were no sign posts for at least 400m each side informing me of any special parking regulations, and that unless clearly signed, the presumption is that single yellow lines can be parked on after 6.30pm unless otherwise notified. The alleged parking infringement took place at 8.28pm
Your claim was that according to a Road Traffic Act, all that is required by law is for a sign to be present at the commencement of a Controlled Parking Zone. There is quite a bit more to that regulation that is relevant to this case that you did not inform me of. I am presently studying the regulations further and reserve the right to recourse on this point at a later date if necessary.
This issue aside, my claim for refund is because as executor, beneficiary and appointed administrator for and of the legal person JOHN XXXXXXX I know of no formal contract with you and therefore am not governed by the statute in question. Also, that you did with dishonour deceive me to presume that there was indeed such a contract, under threat of increasing the fine in the first instance. This infers that your claim was true and needed no further proof.
Further to this deception, I am also formally contesting the validity of the PCN as I also believe that no individual company has the right to demand money from me for an alleged offence which has not been proven in a Court of Law. As stated in section 12 of the Bill of Rights Act 1689 enacted and formally entered into Statute following the Declaration of Rights 1689:
‘That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void’
I now draw your professional attention to the following points wherein "DVLA" should be taken to read "the DVLA or any associated Agency".
It is my understanding that when a thing becomes registered with a body, the body it is registered to, or with, takes title ownership of said thing. (see Blacks Law dictionary)
It is my understanding that in this case the thing in question is a device for use to aid roaming commonly called a “vehicle” by the DVLA.
It is my understanding that a person who registers a vehicle gives up the right to own the vehicle in exchange for equitable title, i.e. the right, to keep or look after or store or use what is now in point of fact the property of DVLA. (If this is not so, and the DVLA has stated this in the past, then please answer the question; “Who is the legal owner?” in your reply.) If you cannot answer the question; ”Who is the legal owner of the car in question”, then please pass this Notice to someone who can answer this question, as you are probably not qualified to answer to this Notice.
It is my understanding that in doing so the keeper must abide by the rules of the Trust, society or corporation or body to which the vehicle is registered.
Consequently it is my understanding that subsequent keepers are not owners as stated in section C4c of the Registration Certificate which states: “The registered keeper is not necessarily the legal owner”.
It is my understanding that this vital information is not fully and plainly disclosed on the contract known as the V5 Registration Certificate. For a contract to be valid it must contain FULL disclosure. It follows that since this vital information is not shown clearly on the contract it must be deemed that the contract is null and void.
In an effort to bring a speedy conclusion to this case and avoid any more undue work for both parties, I will abandon my claim if the following are proven.
Upon proof of claim that there was a contract between the legal person (fiction) JOHN XXXXXX and BRENT COUNCIL
Upon proof of claim that BRENT COUNCIL is not a corporation and legal fiction and does not require contracts in order to claim authority or control over other parties.
Upon proof of claim that contracts do not require mutual consent.
Upon proof of claim that you have signed consent to corporation’s right to bind me with statutes.
Upon proof of claim that the charge was the result of a lawful investigation unmarred by prejudice.
Upon proof of claim that section 2; clause 12 of the Bill of Rights 1689 does not state 'That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void'.
Upon proof of claim that all Acts are not statutes restricted in scope and applicability by the Constitution and/or Bill of Rights.
Upon proof of claim that there is a nameable society that I belong to and that the laws covered within this alleged transgression state apply to me within that named society.
Upon proof of claim that the Road Traffic Offenders Act 1988 is not a statute and has
the force of law without the consent of the governed.
Upon proof of claim that the Road Traffic Offenders Act 1988 applies to a man and not a person only.
Upon proof of claim that the Road Traffic Regulations Act 1984 is not a statute and has the force of law without the consent of the governed.
Upon proof of claim that the Road Traffic Regulations Act 1984 applies to a man and not a person only.
Upon proof of claim that the United Kingdom is not a common law jurisdiction.
Upon proof of claim that the common law right to travel in one's own private conveyance does not exist in the United Kingdom.
Lastly, it is a grievance to me to spend considerable time and resources dealing with malicious, unfounded claims against my legal person and claim my right to be able to use my own time as I choose. Therefore, I attach my fee schedule for dealing with unfounded and unproven claims should any of the claims be not proven.
I claim my fee schedule in regard to my Natural Born Lawful Right to freely travel on Her Majesty’s roads and highways and as my terms and conditions.
£450 (four hundred and fifty) GB Pounds per hour, per individual reasonably involved, for: Any work caused to me or transgressions, by police officers, government principles or their agents, or participants in the system of justice or should I be stopped by a uniformed or non uniformed officer doing so without reasonable cause or prevented in going about my lawful peaceful right to roam, questioned, interrogated or in any way detained, harassed or otherwise regulated.
£5,000 (five thousand) GB Pounds per hour, per individual reasonably involved: Should I be handcuffed, arrested, transported, incarcerated, or subjected to any adjudication process without my express written and notarized consent.
£20,000 (twenty thousand) GB Pounds (in addition to any compensation awarded), per individual reasonably involved: Should violence be used against either My Self or those under my care and protection, or damage or loss to my privately owned or borrowed or hired private conveyance.
I claim the right to convene a proper court de jure in order to address any potential criminal actions of any police officers, government officials, principals or agents, or participants in the system of justice who, having been served notice of this claim fail to dispute or discuss or make lawful counterclaim and then interfere by act or omission with the lawful exercise of property claimed and established rights and freedoms.
I claim the right to deal with any counterclaims or disputes publicly and in open forum using discussion and negotiation and to capture both video and audio evidence of said discussion and negotiation for whatever lawful purpose I see fit.
Affected parties wishing to dispute the claims made herein or make their own counterclaims must respond appropriately within 14 (fourteen) working days of the date of this notice. Responses are required to be made under oath or attestation upon full commercial liability and penalty of perjury and received via registered mail to:
Failure to record an appropriate dispute against the claims made herein will mean that you agree with my understanding and claims and will result in automatic default judgment and permanent and irrevocable estoppels by acquiescence barring any claims or the bringing of charges by you or any interested 3rd parties under any statute against My Self for exercising my lawful and properly established Natural Born Rights and Freedoms.
I give notice that failure to record an appropriate dispute AND not including a full refund will result in legal action where there may be additional costs.
Replying with quotes of statutes, or not under oath or attestation upon full commercial liability and penalty of perjury, will hereby be taken as consent on your part that you agree with the points, claims and facts of this Notice and that you are without any lawful rebut of this Notice, please be guided accordingly.
Sincerely and without ill will, vexation or frivolity,
WITHOUT PREJUDICE, i.e. all Natural Inalienable Rights Reserved
Please address all future correspondence in the matter to John XXXXXX.