How I Dealt With A Penalty Charge Notice

By: Simon-Ian: Shirlow

To:
Roads Service
Parking Enforcement Processing Unit
PO Box 134
Coleraine
BT52 9AF

6 January 2009

I refer you to the enclosed Notice of conditional acceptance, which states my conditional acceptance of your offer upon full clarification of your document.

It is my duty and intent to understand all allegations and claims of criminal conduct made against me, and to be satisfied to the best of my ability that they are in accordance with the common law and the applicable regulatory act.

I am therefore asking for clarification in writing, of the 8 points relating to your offer contained within my Notice, so that I may fully understand your offer and any further action that I may take is completely within the law.

I understand my Notice of Conditional Acceptance to be an honourable and lawful response to your Offer.

I further understand that under common law according to The Declaration of Rights 1688/89; “That all grants and promises of fines and forfeitures of particlar persons before conviction are illegal and void“

Sincerely and without ill-will, vexation or frivolity

Re: PENALTY CHARGE NOTICE RS11718204 – Issued 6/12/2008

Notice of Discharge of Penalty Charge Notice and Request for Clarification

You have apparently made allegations of criminal conduct against me.
You have apparently made demands upon me.
I do not understand those apparent demands and therefore cannot lawfully fulfill them.

I seek clarification of your document so that I may act according to the law and maintain my entire body of God given Natural Rights.

Failure to accept this offer to clarify and to do so completely and in good faith within 7 days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon me.

I conditionally accept your offer to agree that I am XXXXX XXXXXXX and that I owe £60.00 upon proof of claim of all the following:

1. Upon proof of claim that I am a person and not a human-being.

2. Upon proof of claim that you know what a ‘person’ actually is, legally speaking.

3. Upon proof of claim that you know what the difference between a ‘human-being’ and a ‘person’ actually is, legally speaking.

4. Upon proof of claim that I am XXXXX XXXXXXX and not John Doe.

5. Upon proof of claim that the charge was a result of a lawful investigation unmarred by prejudice.

6. Upon proof of claim that I am a member of the society whose statutes and subsisting regulations you are enforcing.

7. Upon proof of claim that I showed you some sort of identification.

8. Upon proof of claim that there is a nameable society that I belong to and that the laws covered within this alleged transgression state that they apply to me within that named society.

Sincerely and without ill will, vexation or frivolity

11th February 2009

Re: PENALTY CHARGE NOTICE RS11718204, 06/12/2008

NOTICE OF REQUEST FOR CLARIFICATION

I refer to your NOTICE OF REJECTION dated 6th February 2009. I hereby give notice that I do respond in honour.

I do not consent to enter into a commercial contract with you.

You have misrepresented the material fact that my Notice dated 3rd February 2009 was a NOTICE OF CONDITIONAL ACCEPTANCE and not a “representation against Notice to Owner”.

However, in the interest of peace, good will and to avoid judicial intervention, your notice is hereby accepted and honoured, however in order to pay it I must first act as administrator and exercise due diligence in this matter.

I am directing you, under the Bills of Exchange Act 1882, to send me a proper and lawful bill with the words “bill” and “value” on it, as well as the lawful contract signed by both parties which must precede the issuance of lawful bills. It is my natural intent to act with personal responsibly and good will at all times, completely within the law.

I conditionally accept your offer to pay £60.00, upon proof of claim that there exists a signed two party contract between us, and that if you can prove that said contract exists, you make presentation of a bill of exchange for the aforementioned amount.

Failure to accept this offer to clarify and to do so completely and in good faith within 3 days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon me.

Proof and presentation must be sent via registered mail to:

xxx xxxxxx xxxxx
xxxxx
xxxx xxx

no later than THREE (3) days from the date of receipt as dated by way of Royal Mail recorded delivery service. Further demands for payment thereafter by you or any third parties will be seen as a breach of Section 1 of The Protection from Harassment Act 1997 if you fall into dishonour by failing to respond within the three days.

Sincerely and without ill will, vexation or frivolity

12 March 2009

NOTICE OF RESPONSE TO YOUR LETTER DATED 04 MARCH 2009
re. PCN RS11718204

As you have;
i. failed to provide a copy of a two party signed contract and a Bill Of Exchange as required by the Bills of Exchange Act 1882
ii. dishonoured my NOTICE OF CONDITIONAL ACCEPTANCE by failing to respond in a timely fashion

then, acting as administrator in this matter, I cannot lawfully abide by your demand until I have in my possession a proof of claim for your demand. I continue to refuse consent to enter into contract with Roads Service or Mrs x xxxxxxxx or any of its agents, and all further communication must be addressed to xxxxx-xxx xxxxxxx and not Mr. xxxxxxx.

Furthermore, I have checked the legislative statute which you are attempting to enforce and much to my surprise I found that Roads Service and its agent Mrs x xxxxxxxx are attempting to extort money from me in an unlawful manner. The following is an extract from 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”

This states that a conviction is necessary before a fine or forfeit can be imposed. As you will be aware the Bill of Rights is a “consitutional statute” and may not be repealed impliedly. I am not aware that The Traffic Management (Northern Ireland) Order 2005 makes any reference to repealing the Bill of Rights Act 1689.

Therefore it appears to me that Roads Service and its agent Mrs x xxxxxxxx, operating under full liability, have no lawful authority to demand money for an alleged infringement that has not been dealt with by a Court of Law. It would follow that this is why Roads Service has been unable to provide me with a Bill Of Exchange as a legitimate proof of claim. If you wish to proceed against me, please refer this matter to a Court of Law in an orderly fashion. Otherwise, the forfeit demanded of me is illegal and void.

Please also confirm to me in writing that you have advised the relevant directors and managers of Roads Service as well as its agents that they are acting illegally by attempting to claim powers which are forbidden to them, and that all issuing of penalties is being done only after conviction by a Court of Law.

You must understand that this Notice Of Response is not a refusal of your demand, but a conditional acceptance of your demand upon proof of claim, as required by a constitutional statute. Furthermore, this Notice is sent with honour and good intent.

Sincerely and without ill will, vexation or frivolity

30th March 2009

Notice of Reply to Charge Certificate re. PCN RS11718204

I hereby give Notice that I have received a Charge Certificate for a penalty of £90. I understand that a Charge Certificate is a statement of account and is not a Bill nor is it a Contract.

As I have already given Notice to Roads Service in my letter dated 10th March 2009 that all fines and forfeitures before conviction are illegal and void under the Bill of Rights Act 1882, and that The Traffic Management (Northern Ireland) Order 2005 does not repeal the Bill of Rights Act 1882, and that the Bill of Rights Act 1882 is a constitutional statute that may not be repealed impliedly, then acting as administrator in this matter I cannot lawfully settle this account as DVLA has not been able to provide proof of claim by way of a Lawful Bill and two party signed contract.

Furthermore, the Charge Certificate states that “No response has been received to the Notice to Owner”; this is untrue and is not a statement of the facts of this matter. Furthermore, this false statement has been produced by Roads Service under full corporate liability.

Please give Notice to my letter dated 12th March 2009 if you wish to proceed against me.

Sincerely and without ill will, vexation or frivolity

29th April 2009

Notice of Reply Regarding Notice RS11718204

I refer to your letter of 23rd April 2009, for which I thank you.

Take formal notice:

Sirs,

I am xxxxx-xxx of the family xxxxxxxxx, acting as administrator in this matter claiming Common Law jurisdiction until such time as I sight proof that I have contracted for services with you or your agents. It continues to be my intention and my duty to ensure that I am acting lawfully and honourably at all times.

I continue to refuse consent to enter into contract with Roads Service, I do not stand under the Traffic Management (NI) Order 2005, and I have not yet sighted proof of the claim that Roads Service is attempting to enforce upon Mr. xxxxxxx.

You have provided me with a second Charge Certificate dated 23rd April 2009 which is produced under the full corporate liability of Roads Service. This Charge Certificate does not represent the facts of the matter. This Charge Certificate states;

“A Notice of Representations was issued on 06 February 2009, because your objections were not accepted as reasons for cancelling the Penalty Charge Notice”

My correspondence with Roads Service shows:
1. I did not raise objections to your Notice.
2. I conditionally accepted your Notice upon full clarification and proof of claim.
3. My Notice of Conditional Acceptance was dishonoured as;
i. It was not replied to in a timely manner
ii. None of my lawful questions were answered

Your Charge Certificate dated 23rd April 2009 is a first instance of vexatious and prejudicial conduct, should you issue a Notice of Enforcement of Charge Certificate you shall render your conduct as a second instance of vexation whereby a remedy shall be sought under the Protection from Harassment Act 1997, previously mentioned.

Furthermore;
If PCN RS11718204 refers to a civil charge then;

i. Where is the contract signed by both parties?
ii. Where is the consideration?
iii. What are the lawful terms and conditions?
iv. Where is the Bill?
v. What is the definition of a Notice?
vi. Am I required to pay a Notice?
vii. What is the definition of a Charge Certificate?
viii. Am I required to pay a Charge Certificate?

I deny that a contract exists and as such consider your unreasonable charge to be unenforceable under civil contract law. Should this be the case, I expect written notification of the immediate withdrawal of this charge.

If you cannot provide proof of claim by way of a two party signed contract and a lawful bill so that I may settle this matter promptly and lawfully, then, I advise, you have 10 days from the date of this letter to advise me of your intention either to continue enforcement or cancel the PCN. Thereafter, upon sight of a Notice of Enforcement of Charge Certificate, all exchanges will be published on the internet, my local MP, council office and the local media will be advised of my intentions, and a complaint, I have advised, committing the second offence of vexation shall be issued at your eventual cost in a just outcome, at the local county court without further notice at my discretion and leisure.

In the event my representation prevails, the offence of harassment shall have been reinforced.

You have read all of my correspondence requesting proof of claim and you are now noticed how your undertaking enforcement shall be treated.

Yours most respectfully, sincerely and without ill will, vexation or frivolity, E. & O.E.
by xxxxx-xxx of the family xxxxxxx

*Update*

My last notice was served by registered mail on 29th April, and I never heard anything back. I’d notified them that I’d lodge a counterclaim for harassment if they tried to enforce. Well I didn’t hear anything for months and recently just got their Notice of Enforcement.

Probably I should have sent an estoppel as soon as they were in dishonour, but I think deep down I’ve been wanting them to enforce so I can lodge a counterclaim.

So – I’ve decided to go for it, and I’ve crafted the following Notice to them in the meantime – I’d love to hear thoughts and criticism etc.

I’m basically just going on what I’ve learnt so far and what my gut instinct tells me is right. I want this Notice to do 3 things:

Notify them that they are in dishonour of my 29th april notice
Notify them that their recent notice of enforcement is a second offence of vexation (attempt to mislead me)
Set myself up for an estoppel to follow immediately after 5 days.

I intend to lodge a counterclaim for harassment with the court next week – I genuinely feel harrassed at this point. I have the form to do this and will attach an affidavit and copies of all correspondence showing that I have been requesting clarification of their offer and a bill so that I may pay the alleged debt.

Notice of Non-Response and Distress with Opportunity to Cure

re: Notice of Reply re PCN RS11718204 dated 29th April 2009I, who am known as Simon-Ian of the family Shirlow being a man of sound mind and lawful age, with living body and soul do declare the following to be true and correct to the best of my knowledge with God as my witness.Monday 17th August 2009Served by way of registered mail.Dear Mr. Walker,Notice to principal is Notice to agent, Notice to agent is Notice to principal.
Take formal Notice:Correspondences were received from the Roads Service Parking Enforcement Processing Unit, dated 13th August 2009 and 16th July 2009.

These correspondences are unacceptable for the following reasons:

1. No acknowledgement was received to my Notice of Reply, served by way of registered mail to this department on 19th April 2009.

2. None of your correspondences acknowledged the content of my Notice nor made any attempt to
i. Answer my questions thus providing clarification of your Offer
ii. Advise me of your intentions within ten days of my Notice
iii. Provide me with proof of claim for the alleged debt

3. The Notice of Enforcement of Charge Certificate incorrectly states “No response has been received to the Charge Certificate.” The Charge Certificate was honoured by way of a formal Notice of Response served to your offices by way of registered mail on 29th April 2009. Am I to understand that you are intending to enforce a Charge Certificate fraudulently, under the corporate liability of Roads Service?

4. Your correspondences are addressed “Dear Sir /Madam”. For whom are these correspondences intended? Your correspondences are not addressed to the flesh and blood man Simon-Ian:Shirlow, living in a common law jurisdiction, free to discuss any alleged debt and free to contract or not to contract for services. Are you attempting to deny me my unalienable rights? Are you not also a flesh and blood man living in a common law jurisdiction with unalienable rights?

By way of your acquiescence in regards to the above I am now of the belief that Roads Service has been truly negligent and has showed a lack of consideration for the seriousness of this matter.

The facts of this matter to the best of my knowledge are:
I have conditionally accepted your Offer upon full clarification and proof of claim.
I have not refused to pay the alleged debt of £90.
I have formally notified Roads Service of my lawful obligation to seek proof of claim.
I have not yet sighted a lawful document which requires me to pay the alleged debt of £90.
Roads Service are in dishonour of my lawful Notice of Reply served by way of registered mail.

Your correspondence dated 13th August 2009 states “You are strongly advised to pay the outstanding debt”. Am I obliged to pay any alleged debt without seeing proof of claim?

This correspondence also states “Your vehicle may be clamped and / or removed even if it is parked legally”. This has caused me alarm and distress as it is my understanding that I have acted lawfully in seeking proof of claim. Am I to understand that this letter is intended to cause me distress by harrasment and is issued by your department under full corporate liability?

I am offering you an opportunity to cure. Please provide me with a Bill and a copy of a two party signed contract as proof of claim and clarification of your offer so that I may settle this debt lawfully. It is your utmost duty and obligation to do this.

Failure to provide clarification of your offer by answering the lawful questions in my formal Notice dated 29th April 2009 and to provide proof of claim by way of a lawful Bill and to prove such a Bill is lawful by way of a two party signed contract within 5 (five) days of the date of this Notice served by way of registered mail will mean:
i. Roads Service abandons any and all claims made against the fictional legal entity SIMON SHIRLOW
ii. that no contract exists between the fictional legal entity SIMON SHIRLOW and the company ROADS SERVICE
iii. The company ROADS SERVICE is liable for any alleged debt

Furthermore:
Your department has been formally notified by way of my lawful Notice of Reply dated 29th April 2009 that a Notice of Enforcement of Charge Certificate would be met with a counterclaim, lodged in the County Court at my discretion and leisure. I have now sighted a Notice of Enforcement of Charge Certificate which appears fraudulent as it reflects neither the facts of the matter nor the record of correspondence. I am notifying Mr. R. Walker by way of this Notice of Non-Response and Distress that this Notice of Enforcement of Charge Certificate is in fact a second offence of vexation.
Furthermore:
Acting as lawful agent I am notifying you that the fictional legal entity SIMON SHIRLOW is now charging a fee for dealing with you, your princpiple, any and all agents of Roads Service, or any connected third parties.

The Fee Schedule is as follows:
£75.00 (seventy five pounds sterling) per correspondence; and an additional
£2.50 (two pounds and fifty pence sterling) per correspondence to cover cost of registered mail

Any further attempt to enforce the Charge Certificate without presenting lawful proof of claim means that you accept these terms and conditions.

Furthermore:
It is My Understanding that my previous Notices are lawful.

It is My Understanding that I provided, within those Notices, time for clarification of your offer, and presentation of proof of claim by way of a lawful Bill.

It is My Understanding that your failure to respond in substance to this Notice and the Notice dated 29th April 2009 will mean that I have your tacit consent (by acquiescence) to establish as fact the assertion that no contract exists between you, your principle or other connected parties and SIMON SHIRLOW and this assertion will then stand as My Truth, in Law.

It is My Understanding that it is lawful for me to assume that, if you do not respond in substance to this lawful Notice then I have your tacit consent (by acquiescence) to establish as fact the assertion that no proof of claim exists for the alleged debt of £90.00 and that this will then stand as My Truth, in Law.

Signed
Simon-Ian:Shirlow (agent) all rights reserved

Update-
Notice of Non-Response and Distress with Opportunity to Cure was served last week, and has been dishonoured. I had my Notice of Estoppel Notarised and served by registered post today. Check it out:

The Notary Public has also agreed to notarise my Notice of Understanding and Intent and Claim of Right.

What I’ve learnt -
If I was to deal with a parking ticket again using what I’ve learnt, this is what I’d do:
Notice of Conditional Acceptance and request for clarification (asking for the Bill etc) with Fee Schedule
Notice of Default (if and when they don’t respond satifactorily)
Notice of Estoppel

DISCLAIMER
This is not legal advice! This is simply my correspondence with a company regarding what seems to me to be nothing more than a business matter, based on my comprehension of the common law

NOTES
The whole process of doing this was a fascinating learning experience, and even if I have slipped up somewhere and accidentally contracted with them I don’t care, I’ll hand over the money – it’ll be the last time I ever do though and it’ll be the best £90 I ever spent.

I brought two documents into play – the Bill of Rights Act and the Protection From Harrassment Act. They brought a couple of Charge Certificates to the party, and we had a *lovely* time.

The original parking ticket was for 6 minutes.

I have just noticed after posting this that they had my postcode wrong on all of their letters, I have no idea if this is of any significance!

Additional Info:

Ireland & England are under the same Bills Of Exchange Act, it was been amended a few times but it’s the same act, same title.

Bill Thornton has some very good and detailed advise for making claim or counterclaim in a court of record (a court proceeding according to the common law). Check out his three audio seminars (each 8 hours): Sovereignty | Motions | Forms
Supporting Material: Overview | Foundation | Example | Jurisdiction | Procedure | Jury

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