By John Harris
Nick a very active TPUC researcher up in sunny Scarborough contacted me sometime ago to set up a talk for me in Scarborough which I attended. Nick proceeded in the hours we spent talking after to tell me about his dealings with the company known as Scarborough Council (company number UC2315264 or is it UC4117872 – they seem to have both?) over a few unpaid PCN’s (Penalty Charge Notices) he had accumulated. The total cost of these PCN’s is over £6000.00 and still this day remain unpaid and for good reason as Nick soon realized that they were nothing more than contractual payments and nothing to do with any sort of fine and in doing so point blank refused to depart with any monies at all relating to these.
Nick lives on a street with parking control near the town centre of Scarborough and picked up some of the PCN’s for parking outside his home and the others for parking round the back of his own shop he runs with his partner in the town centre – both are parking control areas via parking permits which have to be purchased. Nicks feels as many do that he should be able to park outside his home and at the back of his shop without having to pay for the privilege to do so. Subsequently the Company (Scarborough Council) have decided that Nick as many others have to pay for this privilege. Nick simply said enough is enough and refused to purchase a permit and in doing so received the PCN’s.
A little history….
Nick has a history with the council and used to have a very active role with a view to standing as a councilor for Scarborough Council in his local area, not knowing it was a company. Nick started to ask some very interesting questions regarding the councils POLICY (contracts) and subsequently was ousted from the local (con)servative party. Nick took it upon himself to endeavor to find out more and get his questions answered as he started to see strange things start to occur in and around the Scarborough area and surrounding areas. In doing this Nick was led to TPUC and started to talk to me regarding some of the interesting facts he had discovered and highlighted the fact that it was quite obvious that Scarborough Council was conducting business as a company. In doing so Nick started to produce evidence to the fact and is following a course of action to find out even more which will be published by TPUC soon.
The PCN issue escalated to the point that Ian Anderson head of LEGAL services invited Nick to an impromptu meeting in a café in Scarborough town centre. This was to discuss the issue regarding the PCN’s and to offer Nick a deal. The deal was quite simple; pay for a parking permit and all PCN’s acquired would be forgot about and swept under the table so to speak. Nick being Nick (as many of TPUC researchers are) decided in hindsight to take a recording device along to the meeting with him to capture the conversation. The recording that is published along with this article is an excerpt from that conversation where a number of things are revealed.
I have been openly telling people for quite a few months that all PCN’s are nothing more than self perpetuating contracts (contractual payments) in the recording you will hear Ian Anderson head of LEGAL services for Scarborough Council admit they are contractual payments and not fines. Also you will hear about a tribunal you can appeal to over any PCN’s you have received that is based in Manchester that is funded by PCN payments. Nick expresses to Ian that it is in the interest of the tribunal and the people who work there not to repeal any PCN’s in the interest of safe guarding their jobs as the PCN’s fund both.
Nick was using as his defense section 2; clause 12 of the Bill of Rights 1689 saying he had never been convicted in any court, so none of the fines were valid. Understanding now as we do exactly what the wording of this clause means we now know this cannot be used in any sort of defense and would never be needed to be, as we KNOW that these are not FINES they are just simply Contractual Payments and you do NOT have to pay them. They use fear, ignorance and deception to make you believe you do have to pay them - this is racketeering, gaining money by menaces and fraud - YOU cannot be forced into any contractual Payment, which is why they have to deceive you.
As I said before Nick has never paid one of these PCN's and still receives them daily. They have tried all sorts of enforcement on Nick to try and get Nick to pay, but all attempts have failed and continue to fail. Nick has said "NO" and will never submit to the deceptive fraudulent practices to gain money used by the company known as Scarborough Council.
If you have never read the Bill of Rights 1689 section 2; clause 12 I would advise you to do so and look for the added words missed by most "particular persons” – who are the particular persons – are you? Read it here. The Bill of Rights 1689 is a very good example of the LEGAL industries deceptive documents and highlights the deceptive use of language used by those in the LEGAL industry.
All in all this is a fascinating conversation and we apologise in advance if the quality seems poor but we have tried to make it as clear as possible. I have now added this conversation into my talks and use it within the slide show, conformation of what we have been saying by one of their own heads of LEGAL services.
Source: http://www.old.tpuc.org/content/pcns-penalty-charge-notices-are-not-fines-
