Neil Heron at the Eveneing standard, with the councils replies disambiguated....
THESE and signs / lines issues affect almost ALL borough COUNCILS.....
David Williams, Motoring Editor. Evening standard.
22.04.08
Thousands of parking tickets should be scrapped because they were issued under the "wrong" regulations, campaigners said today.
About 10,000 fines were handed out in Camden after new rules came into effect on 31 March. On that day, parking attendants became "civil enforcement officers" and councils had to pass new Traffic Management Orders to make their work legal, according to campaign group ParkingAppeals. Instead, it claims, Camden continued to issue penalties under the old legislation.
The group's founder, Neil Herron, says the council issued faulty tickets for 18 days for parking meter and pay and display "offences" - and that unenforceable tickets are still being issued for yellow line offences. He is threatening to take Camden to court unless it overturns the fines.
A spokesman for Camden council said: "We are confident we have acted lawfully. The power to make Traffic Management Orders is conferred by the Road Traffic Regulations Act 1984. Therefore the changes brought about by the Traffic Management Act 2004, which deal with the enforcement of parking contraventions, do not affect the validity of our existing Traffic Management Orders."
http://www.thisislondon.co.uk/standard/article-23479671-details/10,000%20parking%20fines%20'are%20invalid%20because%20of%20rule%20changes'/article.do
Nice to print the allegation and PR replie without a rebuttal. Four comments were put to Evening standard NONE put forward.
HERE is the rebuttal and disambiguation to the council's PR crafting for public consumption.
How Camden HIDES TRUTH......in economic economic PR statements for gain.
Their spokesman and --- SPOKES. Emphasis added.
Constructing what LOOKS like a syllogism, HOW to tell a seeming truth while HIDING a LIE.... Questions not answered or specified,
1."We are confident we have acted lawfully. ---- WHEN, during which period of relevancy? Note the choice of preterite tense. It may be that they have acted ... but it is not that they are acting during the relevant period of time.. ( suppresio veri suggesti falsi, law dictionary means Fraud see here, and the meaning of false representations in the fraud act, sections 1-4 even if it is misleading.)
2.The power to make Traffic Management Orders is conferred by the Road Traffic Regulations Act 1984.----- SO WHAT? HAVE THEY EXERCISED that POWER LAWFULLY during the relevant period?
3.Therefore ..... (Based on TWO hypothetical premisses, undetermined as to TRUTH, we make a conclusion that MAY be true or false, BUT is irrelevant anyway..)
a)......................the changes brought about by the Traffic Management Act 2004, which deal with the enforcement of parking contraventions, do not affect the validity of our existing Traffic Management Orders." ( Which existing TMO's AND or TRO's? The ONE or TWO that MAY have been compliant, or the HUNDREDS that are NOT?..... They may still be still 'valid' in that they have been made correctly. However, they are not 'in force' because there are no powers to issue PCNs until the provision ie. under the 1991 Road Traffic Act ... is amended or varied to the TMA 2004 and Penalty Charge Notices issued by Parking Attendants is amended to PCNs issued by CEOs )
This is an amalgam of fallacies. First fallacy species of 'petitio principii', the proposition to be proved is assumed implicitly or explicitly in one of the premises; Namely the conclusion is based on an ASSUMPTION that is undetermined and IS the issue to be PROVED. THE TMA changes ARE MANDATORY.... Other internal fallacies, Fallacy species of 'ignoratio elenchi' ; ( presenting an argument that may in itself be valid, but doesn't address the issue in question) then choosing and using qualifiers that are irrelevant and ignoring ones that are. The Swapping out a relevant term(s) for an irrelevant one, We are NOT concerned with the validity of paperwork we are concerned with it's LEGAL ENFORCEABILITY. There are MANY more here. ONLY for the specialist. For the average reader this is probably already too much. This conscious swapping is 'mens rea' to the depostion in writing and is profiled by the agenda of target driven revenue in the newly so called, 'baseline performance indicators'. It is the art or economic and economic truth, heralded in when New labour called in advertising pr agencies to promote its policies in the abstract.
Logic Laws fallacies at Force of Destiny. Here and more on Camden's nice 'representations. Fallacies of independence click on top choices P1, P2 here.
Use Neil's site and get your appeal in. NOT to save just £50-60 but to Send a message to so called 'authorities' that they are COUNCILS, and public SERVANTS with a duty to act lawfully. Go to top, and click on parking appeal banners.
The period of concern is 31st March to 18th April 2008.
The legality of the Tro, and Tmo (Traffic Regulation / Management Orders ) is related to changes that have to be made to references that must refer to the TMA 2004, and NO LONGER to the RTA 1991.
If you make an appeal.
Go here,
http://www.logiclaw.co.uk/Neil%20Heron.html
AND HOME page of this forum.
briefly look at pictures of Camden's NON compliant bay lines, then click to Neil Heron's Parking Appeal's website and subscribe for details of how to challenge the PCN. It would be remarkable of PATAS, to dismisses an appeal on grounds put in the way provided by parking appeals, and we shall all be watching over the shoulder at PATAS to observe what they do, and HOW they reason, just like Camden.
Suppressio veri suggestio falsi is Latin for suppression of the truth is the suggestion of falsehood. IT has manifest and remarkable aspect of FRAUD. Look below...
SUPPRESSIO VERI - Concealment of truth.
In general a suppression of the truth, when a party is bound to disclose it, vitiates a contract. In the contract of insurance a knowledge of the facts is required to enable the underwriter to calculate the chances and form a due estimate of the risk; and, in this contract perhaps more than any other, the parties are required to represent every thing with fairness.
Suppressio veri as well as suggestio falsi is a ground to rescind an agreement, or at least not to carry it into execution.
SUGGESTIO FALSI
SUGGESTIO FALSI. A statement of a falsehood. This amounts to a fraud whenever the party making it was bound to disclose the truth. (WHOLE TRUTH THAT IS) whenever the party making it was bound to disclose the truth. 2. The following is an example of a case where chancery will interfere 2. The following is an example of a case where chancery will interfere and. set aside a contract as fraudulent, on account of the suggestio falsi: and. set aside a contract as fraudulent, on account of the suggestio falsi: a purchaser applied to the seller to purchase a lot of wild land, and a purchaser applied to the seller to purchase a lot of wild land, and represented to him it was worth nothing, except for a sheep pasture, when he represented to him it was worth nothing, except for a sheep pasture, when he knew there was a valuable mine on the lot, of which the seller was ignorant. knew there was a valuable mine on the lot, of which the seller was ignorant. The sale was set aside. 2 Paige, 390; 4 Bouv. Inst. n. 3837, et seq. Vide The sale was set aside. 2 Paige, 390; 4 Bouv. Inst. n. 3837, et seq. Vide Concealment; Misrepresentation; Representation; Suppressio veri. Concealment; Misrepresentation; Representation; Suppressio veri.
http://www.law-dictionary.org/SUGGESTIO+FALSI.asp?q=SUGGESTIO+FALSI
SUPPRESSIO VERI
SUPPRESSIO VERI. Concealment of truth. 2. In general a suppression of the truth, when a party is bound to 2. In general a suppression of the truth, when a party is bound to disclose it, vitiates a contract. In the contract of insurance a knowledge disclose it, vitiates a contract. In the contract of insurance a knowledge of the facts is required to enable the underwriter to calculate the chances of the facts is required to enable the underwriter to calculate the chances and form a due estimate of the risk; and, in this contract perhaps more than and form a due estimate of the risk; and, in this contract perhaps more than any other, the parties are required to represent every thing with fairness. any other, the parties are required to represent every thing with fairness. 1 Bla. Rep. 594; 3 Burr. 1809. 1 Bla. Rep. 594; 3 Burr. 1809. 3. Suppressio veri as well as suggestio falsi is a ground to rescind an 3. Suppressio veri as well as suggestio falsi is a ground to rescind an agreement, or at least not to carry it into execution. 3 Atk. 383; Prec. Ch. agreement, or at least not to carry it into execution. 3 Atk. 383; Prec. Ch. 138; 1 Fonb. Eq. c. 2, s. 8; 1 Ball
http://www.law-dictionary.org/ld.asp?q=SUPPRESSIO+VERI