Toolbox: Stop taking the PCN

I’m guessing some of you found Lawful Rebellion through looking for new ways of challenging the crooked Penalty Charge Notices (PCNs)? Well this article is all about the background of PCNs and our ideas on the best ways to respond to them.

Before I knew about the PCN deception, I challenged every single parking ticket I ever received on their turf. From memory, my record was pretty good in overturning the tickets. Once I even got the Mayor of Hackney involved regarding my car being unfairly clamped in a place with single yellows and several blank posts back in 2006. Hackney Council completely ignored my letters for a refund for over nine months, which I’m sure isn’t uncommon.

The most expensive parking nightmare I’ve witnessed was in the Private, when my car was towed away from a Petrol Station car park and I ended up paying £300 for my car to be released! If I knew then, what I know now, they would have been the ones paying me if they didn’t give me my car back. Just a note, private ‘fines’ are not valid, as they are not ‘enforceable’. If they take your car away, you can go through a regular Statutory Declaration process citing Section 2 of the Bill of Rights 1689.

Are the DVLA and Councils in collusion to rip us off?

My main problem with PCNs is seeing my friends who are struggling with debt, living costs and taxes, picking off scary Council paper slapped onto their cars, which they think they have to pay. My friends already understand they pay for parking on Public Highways through car tax. But it’s evident car tax is an entirely different ball game today and doesn’t seem to go anywhere on the Highways. Even people like hardman Ray Mallon, ex-Police Chief, now the Mayor of Middlesbrough, thinks that enough is enough with the DVLA,

“They demand the money from people, and don’t mention anything about our legal right to go to court. Members of the public will think they have to pay it, because they don’t know the law, but there are certain principles, which are enshrined in British law. The DVLA has seriously misled the public.”

Be under no illusion, the DVLA has everyone who registers over a proverbial barrel because it is us who literally beg for their care. And it’s registration that the Councils use to send Notices, which to most humans is scary big brother stuff.  Now this cooperation of registration is being abused through profiteering schemes like people paying to find out about the details of other peoples cars and for the right price, giving 3^rd parties access to peoples’ registration information for the marketing of Castrol Oil on billboards. If the DVLA and Councils are making £328 million (raised in 2008-9) from old rope, surely the people who supplied the rope should see an annual windfall?

PCNs rely on people having registered with the DVLA and becoming the Registered Keeper, note: NOT the registered/legal owner. By the fact the DVLA can take peoples’ cars to be crushed, illustrates that those who are registered aren’t the real owners’. If any of us were the actual owners, the DVLA would be committing a Common Law crime of Theft. Some argue that the DVLA only own the registration number of peoples’ vehicles, not the actual vehicle itself. But by process, people attach the registration to their vehicles and accept they’ll use the vehicle within the confines of registration. The assumption is made that a vehicle in the database is fair game for the DVLA, as it’s in their care, just like an NHS Doctor is in the care of its patients – all in all, very disturbing realities. All I can say is that nobody to our knowledge has made neither heads nor tails of the secretive process of the V5 document, only assumptions based on reactions and knowledge of Commercial Law. What I am sure of is that through action & successfully using the various Notice methods, various administrations go into spasm and no Council has yet possessed the legal resources to dedicate to what is a clear grey area, your rights as a human being and the various legal personalities they extort money from.

A reasonable argument for controlled parking is that people need to park on their own streets and parking restrictions are logical for safety purposes.  There are many ways to achieve safety and fairness without treating people like children. None of us really have any idea where the transfer of money ends up, though we did have a little glimpse this year of where some of the money goes when we found out the Councils are lining their pockets in Tax Havens such as Iceland.

The reason Lawful Rebellion exists is to protect our families, communities and the world against the de-facto corporate governance that’s plaguing our lives and taking away our confidence in governing ourselves. As you may have already seen, we’ve started our Toolbox and Lawful Rebellion Guide series’, which have already had amazing results for people. For instance, recently Deadbeat Dads have reported using a variation of our Affidavit that a case has been dropped already. We also know that the same Affidavits have turned away debt collection agencies, bailiffs and councils, and it’s the same with PCNs too.

We acknowledge people have found various ways in fighting PCNs. I for one have helped people out of many PCNs by writing that they’re not the legal owners; and others have successfully used the Freeman technique of clarification that the Person exists. Retrospectively, we reckon there are only two ways to skin these authoritarian swine’s – by saying ‘no contract return to sender’ and/or serving Affidavits. If you’re not ready or have hesitations in asserting yourself with the Authorities, then don’t – wait until you’re ready as fear could get the better of you. Whilst I write these words I wonder how it’s possible to feel spiritual in discussing PCNs! But quintessentially, Lawful Rebellion is about overcoming the fear of people who think they have power over us all.

Be confident that PCNs are in fact contractual agreements

Reminding Borough Councils that PCNs are merely an offer to contract and saying NO is definitely the hardest thing anyone on the start of their journey can do. The best example of someone saying no to PCNs is Nick Henderson of Scarborough originally reported on TPUC. Nick has totalled over £6000 worth of PCNs because he knows he has a right to park outside his home and workplace without hindrance. Originally he used to stick his fingers up by using the Bill of Rights 1689 section 2; clause 12,

“That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegal and void.”

Some argue that this Bill doesn’t stand up well in the Court because there is new legislation that overrides parts of it. But regardless of this issue, Nick Henderson asserts he hasn’t committed a crime, so there is no place for him in Court to be convicted of any wrongdoing. There is damning audio evidence from a meeting between Nick and Ian Anderson, Head of Scarborough Council Legal Services, with Mr Anderson admitting PCNs are not fines but merely contracts.

This information, if you’re bold enough can stop any PCN that unfairly comes your way. There are several ways people administer saying NO and here are a few ideas to start you off. The first I believe John Harris has popularised – slapping a sticker on the sender’s envelope saying, ‘No contract, return to sender’ and posting it off; secondly, you could write the offending Council a letter stating that you will not contract with them; and thirdly, you can put them on Notice, asking for proof that the PCN is not a contract.

They will try again and again to force you to agree to their terms, which are for instance highlighted in John Harris’s Tax Demand case. They’ll do this by sending many letters and then pass the claim to a Debt Collector, which will end up totalling over £350, if it’s a PCN. This method if not managed properly will certainly end up in an unpredictable situation because of the fear factor. You need to always be realistic with how far you’re willing to go, how much time you have and whether or not you care about your possessions. What will also compound fear in peoples’ minds is the new London Authority’s self-appointed ‘power’ to take your car away after you have three overdue PCNs under the London Local Authorities and Transport for London Act 2008 starting soon. If there’s no foundation to the PCN, there’s certainly no foundation in towing your car away. After reading through the Act, there are some interesting measures and a lot of contradictions, which can only be for the famous trick of the Officers saying one thing and meaning another.

PCN Affidavit Method

The issuing of Commercial Affidavits to the De-Facto Government and Authorities of this Country, namely, the Prime Minister (not the Queen) has been practised by Guy Euden and Matt Faraday for a little while now, which many of us are now starting to practise ourselves. For Matt, this process is about,

“Getting rid of the anger, resentment, blame and fear, and using knowledge, truth and the awareness of who and what you are to create your law.”

The commercial Affidavit, if done correctly, creates a private agreement, which means the agreed facts cannot be technically impaired or overridden by any party. This method seems to be the present don-dada of settling matters with any government department, council or organisation who is attempting to contract with you without consent. Matt claims he’s got rid of 9 corporations that were made up of different debt collection companies and government legal departments. Hundreds of people have already downloaded our Affidavits and are hopefully sending them off to the current Prime Minister, Gordon Brown. If you’ve not served your main Affidavit, we’ve created a slightly simpler PCN Affidavit that doesn’t need a notary,

“Instead of a notary we are using two private witnesses to verify. This method is sometimes preferred by many layman law folk, and is a very appropriate, valid and powerful way to get your private documents verified. Although you won’t have the judicial remedy offered by a Notary (I.e. the judicial power of stare decisis), you have the administrative remedy which is all powerful.”

Please download the PCN Affidavit pack here and read through all the docs especially the Notice before going any further.

But we must stress that there’s no point in serving the PCN Affidavit if you’re not ready to stand up for what you think is right possibly in Court and that you full understand why you’re dong it. So ask yourself now, why are you reading this? Is it to get out of irresponsible behaviour or is it because you know whom you are and you’ve been unfairly treated? This is the most important element to the whole shebang, as until you know whom you are and how you need to be responsible for your actions, your heart will not be driving your actions. So why don’t you try amending your Affidavit to your liking and how you see things? When Matt and I chatted about this, he said,

“Folks need to start writing all these documents out from scratch, changing the sentences and words around to create their own. I have much experience of using my private and unique documents and witnessing the power they can create. Your intention is everything, so stop using templates!”

This method is as much about how you deal with it as how you have defined who you are. Matt swears by this Affidavit method and he said that nobody ever ends up on his front door when Authorities wrongfully intrude upon his business. Sceptics always ask me, ‘where’s the proof’, well the proof is when you do it and it works or you see a friend do it and it works. I suppose with anything new you have to try it for yourself and take a leap of faith. Whichever choice you make, you’ll notice that Lawful Rebellion could have already given you more choices than you thought you had before right?

Matt can explain the PCN Affidavit process much better than I!

OK, so let’s imagine that Mary Smith continues in her attempts to extort funds from you by ignoring your Notice, naughty little and deluded dishonourable Mary. But by doing this, she would be attempting to injure a real party, which is extortion (this is where the term ‘tort’ originates, as in tort claim meaning ‘torture’). You may want to continue by gaining a private agreement of the parties, which is private law that cannot be impaired by any other party. Step forward the PCN Affidavit that you should mentioned in your Notice to Mary.

Download the sample documents from the previous Toolbox on Affidavits. Then use the Notice of Fault and Opportunity to Cure and the Notice of Default via the process as explained in the Affidavit article. But, you will have to make further alterations by making sure you replace the Notary verification section with two private witnesses on all the documents.

Now if you live fairly close to the location where the Affidavit needs to be sent, there is another great way to save on the £4.95 x 3 concerning the registered mail cost for the whole process. Either post it by hand yourself and then make these alterations on the Notice of Fault and Opportunity to Cure, and Notice of Default, or get a 3^rd party to post by hand and include a Proof of Mailing copy, which is in the PCN Affidavit pack. Again, keep the original of this Proof of Mailing as well as the originals of all your private documents. Remember as the Holder in Due Course of the originals, you can make true, correct and complete copies, as explained in the Affidavit article as mentioned above.

This whole process demonstrates that you know that you are NOT liable for the alleged public debt/liability that is attributed to the PCN, as well as demonstrating that they have no claim whatsoever in this matter against you. You are a man or woman and therefore you are the Sponsors of the Credit and the true wealth and power in commerce.

Download: PCN Affidavit toolbox