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Neil Herron: Local Authorities becoming worried over their ‘illegal’ parking regimes.:

“As more and more peeople are beginning to challenge their parking tickets in decriminalised enforcement areas using the Metric Martyrs Judgment and Bill of Rights defence that we have used here in Sunderland, more and more local authorities are becoming increasingly worried.”

Neil Herron seems to have found a loophole in the statutory fines regime to which we are all increasingly being subjected.

Basing his arguments on the Metric Martyrs case when Lord Justice Laws, said that there is a hierarchy of laws and that some constitutional laws cannot be repealed by implication only by expressed repeal.

Mr Herron has noted that unless the acts brought in to subject us to these automatic fines, state that they have the affect of repealing the 1689 Bill of Rights, then the authorities are acting without the law.

The facts of the various cases are not really at issue, it is the legality of the fines, the Bill of Rights clearly states that a conviction is necessary before a fine can be imposed.

As neither the Road Traffic Regulation Act 1984 or the Road Traffic Act 1991 makes any reference whatsoever to expressly repealing the Bill of Rights 1689 these fines are in effect illegal.

But the further argument is, if it can be shown that these acts are in fact legal, it must also follow that Lord Justice Laws was wrong and the Metric Martyr’s conviction must be overturned.

For the authorities it is a catch 22 situation