Fixed Penalty Charge Notice (UK only)

Disclaimer: Nothing herein constitutes professional legal advice. I am not a Lawyer. Before embarking on anything you should seek professional legal advice. The hope is simply that, when seeking that advice, you know which questions to ask. Please note: This only applies to the United Kingdom, and specifically to England. Other nations/countries may have variances. This information is provided for educational purposes only.

 

PLEASE NOTE: This original information was written in 2009. It was correct, and still is correct today (2012). However, since 2009, more information has come to light, and this is not the way I would do it today. My current method is to demand that "whoever sends the demand" signs a Statement of Truth (Affidavit) declaring that the demand/charge is LAWFUL. Since it is patently UNLAWFUL, by signing the Affidavit they are attempting to perpetrate a fraud, and have left themselves open to be the subject of a Private Prosecution for fraud. We hope, in the next few weeks, to explain the simplicity of starting up Private Prosecutions - Veronica, June 2012

Here is a template that could be used to 'stalemate' a Penalty Charge Notice such as could result from a Parking Ticket or Congestion Charge.

It is well worth trying because it has been discovered to work. Ensure that you read the notes on the second page, and follow them very carefully.

What is happening it this. You are agreeing to pay the amount demanded, subject to 8 conditions that you set.

Because you have agreed to pay, there is no longer any 'controversy' over the amount demanded. Consequently it is impossible for you to be taken to court over this matter. Why? Because there is nothing for the court to decide. There is no controversy for them to adjudicate upon. If you subsequently receive a Summons about it, you can write back to the court with a copy of your letter. The court would then go back and ask the creators of the PCN what the hell they thought they were playing at! 

However, although you have agreed to pay, as a human being, you have stipulated certain conditions. It is your right to do that, and that right cannot be taken away from you, particularly as the stipulations are in the form of questions to be answered.

Yes, you have agreed to pay, but only on condition to all those questions receive suitable answers. If one of those conditions cannot be met, then the claim against you fails, and there is nothing for you to pay.

 

The questions are in the form of 'proofs of claim'. 'They' have to prove 'their' claims ... claims being an integrated part of 'their' overall demand.

 

All you will have done is to take their overall demand, and chopped it up into small pieces, and ask them to justify each small piece.

 

'They' will not even be able to prove one of these pieces, let alone all eight.

 

'They' only win because people do not look underneath the facade, underneath the wallpaper. When you look under the wallpaper you can see all the cracks in the wall.

 

 

Here is the response someone received (Full story here)

 

"Thank you for you letter regarding the above Penalty Charge Notice which was recently received at this office.

 

Having assessed the case, I am not satisfied with the evidence collected by the Civil Enforcement Officer (CEO) when the PCN was issued. Accordingly I am not able to properly investigate your challenge to the PCN. As I cannot satisfy myself the PCN was issued correctly, I shall be cancelling this charge.

 

As this ticket has now been cancelled, there is no need for you to take any further action.

 

Yours etc."

 

 

 

Veronica: of the Chapman family

January, 2009