Section 16 (7) (8) London Local Authorities and Transport for London Act 2003

Ismail Abdulhai Bhamjee made this Rhyddid Gwybodaeth request to Civil Procedure Rule Committee

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Civil Procedure Rule Committee.

Ismail Abdulhai Bhamjee

Dear Civil Procedure Rule Committee,

I, Ismail Abdulhai Bhamjee do hereby request your attention and consideration that:-

1. The London Local Authorities and Transport for London Act 2003 (C. 3)
Section 1 (2) (c), (7) (8) On an Appeal to the County Court under this section, the Court shall make such order as it think fits.

There are no Appeal Forms in the Northampton Traffic Center, and this Section is not mentioned under the CPR Part 75 Rules.

2. There is the Attorney General versus Jones (1990) 1 WLR 859 on Page 863

It does not apply for Judicial Review or Statutory Appeals, whilst this Judgment was given in the Court of Appeal in the Month of April 1990.

3. The Courts and Legal Services Act 1990, Section 1, 11, 15, 27 (7) (10) and Schedule 20 Repeals this is a Parliament Act given Royal Ascent in the Month of November 1990, whilst other Sections had come into force from the 1st January 1991, and others came into force later.
Does the Judgment given in the Court of Appeal in the Month of April 1990 has to be followed or the Parliament Act The Courts and Legal Services Act 1990?

4. I have previously made two Requests through What do they know, I don't know when you are going to respond to those request.

5. There is Section 40 of the Consumer Protection Act 1987, How many Judgments have been given under this Act, and when shall you make some amendments and Changes to Section 42 of the Senior Courts Act 1981, and repeal of Section 42 (4) of the SCA 1981, as the Court of Appeal is no Longer the Supreme Court of the United Kingdom from October 2009.

Yours faithfully,

Ismail Abdulhai Bhamjee

Ismail Abdulhai Bhamjee

Dear Civil Procedure Rule Committee,

I, Ismail Abdulhai Bhamjee do hereby say that, By Law, you should have responded promptly by 3rd June 2015. Since my Request is also in the Public Interest.

Yours faithfully,

Ismail Abdulhai Bhamjee

Hamilton, David (RCJ),

1 Atodiad

Dear Sir,
 
I write in response to your email of the 5 May 2015.
 
Please see te attached:
 
Thank you and kind regards.
 
David C. Hamilton | Civil Justice Reform | 4.38, 102 Petty France | SW1H
9AJ |
805203455 (internal)
07956418231 (mob)
 
 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

dangos adrannau a ddyfynnir

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Ismail Abdulhai Bhamjee

Dear Hamilton, David (RCJ),

I, Ismail Abdulhai Bhamjee do acknowledge your Email Response dated the 18th June 2015 and say as follows that:-

1. There is the Lord Chancellor SS Ministry of Justice: He does has the Power under many Statutory Acts which have been enacted in the United Kingdom.

2. The Civil Procedure Rule Committee it does has the Members- Whilst a Committee is not of One Person, a Committee is of two or more Persons.

3. The Constitutional Reform Act 2005, This had made some changes to the United Kingdom Legislation, as The Lord Chief Justice of England and Wales has to be consulted when making some changes to the Procedure Rules.

4. VEXATIOUS LITIGANTS: There are two types of Vexatious Litigants Orders
One is a Civil Proceedings Restraint Order
and the Other
is a Criminal Proceedings Restraint Order.

Whilst there is no Estoppel or Res-Judicata in Criminal Proceedings,

As there is also the Criminal Procedure Rule Committee, where you should have either transferred my request to the Criminal Procedure Rule Committee, as Section 40 of the Consumer Protection Act 1987 applies to Criminal Proceedings.

5. I understand that there has been a delay in responding to my request, whilst this has been pending, The Master of Rolls Lord Dyson has given a Judgment in the Court of Appeal, that the Court of Appeal has no Jurisdiction Power to deal with Criminal Proceedings Cause or Matter, as this has to go to the Supreme Court of the United Kingdom,
Whilst under the Civil Procedure Rule Part 52, the CPR Part 30-
Transfer from One Division to Another Division of the Court of Appeal is also not mentioned by Virtue of Section 53 of the SCA 1981.

6. Section 100 of the Senior Courts Act 1981-
The District Judge is also District Judge of the High Court,
and in the CPR Part 75 Rules-
An Application Notice has to be made under the CPR Part 23.

7. You don't mention about the Courts and Legal Services Act 1990
Section 11, 27 (7) (8A) (10), 119 and Schedule 20 Repeals.

Yours sincerely,

Ismail Abdulhai Bhamjee

Whiting, Maria, Civil Procedure Rule Committee

Dear Mr Bhamjee

Thank you for your correspondence below to my colleague David Hamilton. I have noted the contents and do not intend to respond unless there are specific comments you wish to raise.

Best wishes

Maria

Maria Whiting | Senior Policy Advisor for Civil Justice Reform | Ministry of Justice | 4.36 | 102 Petty France | London | SW1H 9AJ
[email address]

dangos adrannau a ddyfynnir

Ismail Abdulhai Bhamjee

Dear Whiting, Maria,

I, Ismail Abdulhai Bhamjee refer to your Email and say as follows that:-

1. I believe that you are aware of the Civil Procedure Rules on Persons who are or have been declared as Vexatious Litigants under Section 42 of the SCA 1981, as the List has been published on HMCTS Web Site, whilst the List is also not very clear, as Other Persons are not restricted from taking any Criminal Proceedings.
Any Application Notice for Permission of the High Court Judge has to be commenced by CPR Part 23 Rules. Grounds and Reasons and Why He/She is seeking the Order.

2. Since I am not restricted from taking any Criminal Proceedings where Section 42 (3A) of the SCA 1981 does apply-
Section 40 of the Consumer Protection Act 1987, is a Parliament Act which had been enacted after 1981, where Section 151 of the SCA 1981 does apply.

3. There is a Single County Court in the United Kingdom which has been created by Statute under the Crime and Courts Act 2013 Schedule 9, 10 and 11.

4. There is the Tribunals Courts and Enforcement Act 2007- Schedule 12 and 13
Warrant of Control and taking Control of Goods.

5. There is the CPR Part 75 Rules, whilst there is also Practice Directions 75 which does mention of the London Local Authorities and Transport for London Act 2003.

6. There is a Statutory Instrument 2007 - Traffic Appeals-
There are regulations 10 (2) (3) which does also apply
As I have mentioned of Section 16 (7) (8) of the LLATFL Act 2003.

7. There is a Statutory Instrument 2013 No 1894
Regulation 4
Regulation 5
Regulation 29 (3) (D) Except.----

8. The Civil Procedure Rules Part 77 supporting the Criminal Justice, as you have either not taken this into consideration when Crime has been reported to your Office, Since the Lord Chancellor SS Ministry of Justice does has the Power under Section 30 of the Criminal Justice Act 2003.

9. There is a Legal Right under Section 29 (4) of the SCA 1981 to have the decision of any Court Officer decision to be reviewed before the Divisional Court or the High Court Judge, and also before a Circuit Judge.

10. You do have the Legal Services Act 2007 Schedule 3 Exempt Persons and Schedule 21

I thank you in advance and wait to hear from you

Yours sincerely,

Ismail Abdulhai Bhamjee

Whiting, Maria, Civil Procedure Rule Committee

Dear Mr Bhamjee

Thank you for your email below. I was unable to understand what the issues you would like specifically answered. I would be grateful if you would reply back and let me know what your questions are.

Best wishes

Maria

Maria Whiting | Senior Policy Advisor for Civil Justice Reform | Ministry of Justice | 4.36 | 102 Petty France | London | SW1H 9AJ
[email address]

dangos adrannau a ddyfynnir

Ismail Abdulhai Bhamjee

Dear Whiting, Maria,

I, Ismail Abdulhai Bhamjee refer to your Email and say as follows that:-

1. The First Point is that you are aware that there is an Order made on the 8th December 2003 in the CO_3208_2003 Proceedings between HM Attorney General versus Ismail Abdulhai Bhamjee where an Order had been made under Section 42 of the Senior Courts Act 1981 Vexatious Litigants Civil Proceedings Restraint Order.
As the Master of the Court of Appeal had been bias against me when a Complaint had been made to the Lord Chancellor as they were refusing to accept Second Appeals under Section 55 of the Access to Justice Act 1999.

2. When a Person has been wrongly declared as a Vexatious Litigant under Section 42 of the SCA 1981, as It is only By Application Notice CPR 23 can be made to the High Court of Justice or to the County Court before a Circuit Judge.

3. The Northampton Traffic Centre which is a registration Point for the Local Authorities as with regards to Road Traffic Penalty Charge Notices, where there is no Hearing which does take place.
Previously there used to be Section 89 (1) (a) (i) of the County Courts Act 1984 Exempt Goods which could not be ceased.

4. The Statutory Instrument 2013 No 1894 under Regulation 4, 5, and 29 (3) (D).
This has been inserted under Section 85 of the County Courts Act 1984,
Except Traffic Contravention Debt Orders under Section 82 of the Traffic Management Act 2004.

5. There is also a Statutory Instrument 2007 No 3483
Regulation 10 (1) (c)
(2). For the purposes of Paragraph (1) (c), A Civil Enforcement Officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a Penalty Charge Notice,

Since I had driven away from 7 Frinton Mews which is a Private Property where Planning Permission had been granted by the Redbridge Borough Council.

6. The Northampton Traffic Centre doesn't provide copies of the Applications which have been made to them for Registration of the Penalty Charge Notice which should show the name of the Officer who had signed the Statement.

7. There is the Consumer Protection Regulation 2008 (As amended in 2014) which does include any Government Department and Local Authority.

8. There is a Legal Right for any Person to make an Application for Judicial Review against the County Court, and the Lord Chancellor SS Ministry of Justice under the Human Rights Act 1998, The Crown Proceedings Act 1947.
Since Motor Vehicle is a Property under the Convention Treaties.
The Forms in the Northampton Traffic Centre Court, the words: hUMAN RIGHTS ACT 1998, AND THE EUROPEAN COMMUNITIES ACT 1972 HAVE BEEN LEFT OUT.
As the County Court should have transferred to the Circuit Judge or to the High Court of Justice Judge.

I believe that the above is true persuant to Statutory Declarations Act 1835

Yours Faithfully

Ismail Abdulhai Bhamjee

Yours sincerely,

Ismail Abdulhai Bhamjee

Hamilton, David (RCJ),

Dear Mr Bhamjee

 

Thank you for your correspondence  of June 22 to my colleague Maria
Whiting.  I have noted the contents and do not intend to respond unless
there are specific  questions you wish to  raise. 

 

Best wishes

 

 

David Hamilton

Access to Justice |Civil Justice Reform |Ministry of Justice|102 Petty
France |Post Point 4.37|London SW1 9AJ

07956418231

 

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

dangos adrannau a ddyfynnir

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.