Citizens caned, indeed
Were I Motoring editor at The Daily Telegraph, I'd've sent this one up to the actual editor. The points it raises are far too wide-ranging and important to be tucked away near the bottom of Honest John's agony column, deep in Saturday's Motoring section.
Parking Charge Notices (PCNs) appear to deny citizens access to a court of law should they wish to challenge them. Is this not contrary to the Bill Of Rights 1689? The Bill is constitutional law and above any parliamentary law. It does not differentiate between civil and criminal offences and is quite clear on this. This Bill, and charters such as the Magna Carta (1215), Act of Settlement (1701) and so on, are not grants from the monarchy to the people.
We own them and any law that infringes them shall be of no force or effect. They cannot be repealed or subverted and are not subject to votes. To quote from the Bill of Rights presented to William of Orange: "All grants and promises of fines and forfeitures of particular persons before conviction are illegal and void."
It seems quite clear. You cannot levy fines or forfeitures on any person before a conviction. The only people who can convict and issue fines are the courts of law. If this were not true, people would have no protection from the might of the state, which would be able to wield all the power it liked (as now seems to be the case).
M.W., via e-mail

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