Bolton's Non Compliant Bays

Below is a letter received today from Mr Sean Harriss' office regardin my letter to him recently, my reply is below this letter.

From: Bohan Joan (nee homewood) [mailto:joan.bohan@bolton.gov.uk] On Behalf Of Harriss SeanSent: 14 September 2007 16:42To: bmoss@ntlworld.comSubject:

Dear Mr Moss Thank you for your email which I have now discussed with my colleagues. I agree that it appears that some such bays may have been marked in error, with the ends of bays either marked with one transverse line instead of two or two instead of one, or with individual spaces within a bay marked with two transverse lines instead of one.
I would also add that Item 4 of your picture shows it is permitted to omit the word "disabled" from road marking 1028.3.
I would have thought that an appeal on such grounds would not succeed under the “de minimis non curat lex” principal, providing that the signage was correct, that it was conveyed to the driver the uses for which the bay was intended and that its length and location conformed to that provided for in the Traffic Regulation Order.
I would add that as part of any ongoing future maintenance programmes we will rectify the above marking errors. Finally, I am concerned at the inappropriate language you used about staff in this and other correspondence and I would ask that you desist in future so that we can conduct our business in a professional manner.

MY REPLY

Dear Ms Bohan Joan.
Please read this email to Mr Harriss and ask him to reply PERSONALLY.
If you could point out the inappropriate language I will try very hard to refrain from using it in the future, but if you are referring to Waffler this was used instead of calling someone a liar which to me is a more offending term. The term waffler is an endearing term used by Blokes, but you wouldn't know that as you appear to be a woman, you should not be concerned about any inappropriate language unless it is addressed to you personally, if waffler was not the inappropriate language you are referring to then please point me to the offending word, if it was Waffler then please confirm. De Minimis the definition of which I believe would be: "too insignificant to be of importance" if the council think the bays would come under de minimis you may as well shut the council down now, de minimis would be used by an adjudicator perhaps if someone was referring to a line as too wide or too narrow by 3 or 4 millimetres or too long or too short by 5 or 6 centimetres, the bay of which you are deriving unlawful income from does not even appear in the statute book 3113 2002 so I would hardly refer to missing lines or too many lines as De Minimis. You can hardly rely on De Minimis if the bay doesn't exist at all.I hardly think any adjudicator with an ounce of intelligence would even mention the term de minimis never mind rely on it to decide an appeal on it, especially after s/he sees a picture of the bays.On Saturday 14th I am going into Bolton again to document and photograph the remainder of the non compliant bays in Bolton I will then email you my findings. I will park in a bay in le-mans crescent to pick up a Penalty Charge Notice the Contravention will be Number 83 if the PA gives me a PCN he will be breaking the law on behalf of the council (Malfeasance) I will appeal the PCN it on the bays non compliance with the TSRGD's 2002 and I will cite case law of Davies v Heatley in my defence.See http://sunderlandparkingappeals.blogspot.com/2006/10/davies-v-heatley-lord.html (read to first horizontal line) Also see http://www.swarb.co.uk/lisc/RdTrf19701979.php (8th case down) after this appeal win I will be asking the council for a date to refund the money illegally taken from thousands of unlawful tickets issued in the bays mentioned. If you can show me case law or any appeal that was won by a Council on the De Minimis rule for the types of bays I have documented and photographed and revealed to Bolton Council as being bays currently in use in Bolton, I will give up my campaign against the lawless Bolton Council, throw in the Towel and move to a mud hut in Zimbabwe. Regards Barry Moss P.S May I ask to you to use the reply button rather than start a new email page this is too ensure that the previous information can be tracked. Also could you please refer to the body of the letter by using the subject box, again so it can be tracked, if you are new to emailing perhaps you could ask a colleague to teach you how this is done, or refer to the relevant Windows Tutorial.