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1689 Bill of Human Rights and Parking Fines

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Amanda Aird | 11:38 Fri 10th Nov 2006 | Motoring
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Is using the 1689 Bill of Human Rights still valid for Parking Fines and do Councils by law have the authority to issue fines and penalties before judgement in a court of law
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The Road Traffic Act 1991 gave local authorities (Councils) the right to apply for the legal powers to enforce on street and off street parking.

Where this has been granted, parking offences cease to be criminal offences. The powers granted include:

* The issue of a Penalty Charge Notice (PCN) - a parking fine
* The immobilisation of the vehicle - usually by clamping - until a release fee is paid
* The removal of the vehicle from the street

Lots of background information here:

http://en.wikipedia.org/wiki/Decriminalised_pa rking_enforcement

But basically - yes the Councils do have the authority if they have applied for it, and they can be enforced. A law court does not come in to the equation at all, except on points of llaw through judicial review.

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If you have 100% proof that you have a valid residents permit on your car at the time that a fixed penalty was put on what is ones right to defend this with the council if one can not do it in a court of law

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