Dear Halton Borough Council,

This is a Freedom Of Information Request, please provide the information as requested, you should find the majority of it in your procedural and or operations manual. This matter pertain to the Mersey Gateway Bridge tolls (Merseyflow).

1 England enjoys a long established Common Law jurisdiction, are PCN’s issued for a crime at Common Law or as an offer to contract or simply a punishment for not choosing to pay a Toll?
2 If as an offer to Contract, do men and women have the freedom of choice not to intercourse and Contract with Halton Borough Council?
3 Is the paying of a PCN mandatory, if so, is that mandatory at Common Law or something other?
4 Is a PCN a crime?
5 If a PCN is a contract, then why does Halton Borough Council not state that when it issues one?
6 If it is a crime then who is the injured party?
7 What is the difference between Lawful and Legal?
8 Does a PCN apply to a living man, woman or a corporation?

Yours faithfully,
P Newton

Halton Borough Council

Dear Sir/Madam

Thank you for your enquiry. The enquiry has been logged on our FOI tracking system and is being dealt with.

The case number is shown in the subject line of the e-mail.

Should you have any further queries please quote this reference number.

Please use [Halton Borough Council request email] for any further correspondence.

Thank You

Halton Direct Link.

Sent By UserID: 70

• This email is from Halton Borough Council. It is intended for the indicated addressees only and shall be confidential. If this email has come to you in error you must not disclose it or its contents or take any action based on it, nor must you copy it to anyone; If received in error please inform us immediately quoting the name of the sender and the email address to which it has been sent from and then please delete it.
• Please note that this message has been created in the knowledge that Internet e-mail is not a 100% secure communication medium. We strongly advise that you bear this in mind and act on it when sending or receiving e-mail.
• This communication does not, unless expressly indicated by the sender in the body of the message, create or modify any contract.
• Although this e-mail and its attachments are believed to be clear of any virus, it is the responsibility of the recipient to ensure that the email message and any attachments are scanned to ensure that they do not carry any such virus. Please note that neither Halton Borough Council nor the sender accepts any responsibility for viruses or any loss arising from them.
• Halton Borough Council does not accept liability for any statements made which are clearly the senders own personal views and are not expressly made on behalf of Halton Borough Council.
• The information contained in this email may be subject to public disclosure under the Freedom of Information Act 2000 or other legal duty. Unless the information is legally exempt from disclosure, the confidentiality of this email AND YOUR REPLY cannot be guaranteed.
• Halton Borough Council is the Data Controller for Data Protection legislation in relation to any personal information shared within this email or attachment which has been collected and processed by the Council. Privacy notices can be viewed at http://www.halton.gov.uk/privacynotices
HBC1

Jim Yates, Halton Borough Council

1 Attachment

Dear Mr Newton

 

Further to your recent FOI request I have set out the information
requested below which is already in the public domain:

 

The legal authority to charge tolls on the Mersey Gateway is in a number
of orders. These can be viewed on the Mersey Gateway Website.

[1]http://www.merseygateway.co.uk/about-the...

 

You may wish to take you own independent legal advice on the other none
FOI questions raised.

 

Regards

 

Jim Yates

Chief Executive’s Office

Municipal Building

Kingsway

Widnes

WA8 7QF

 

P Please consider the environment before printing this e-mail. Thank you

 

[2]cid:image001.png@01D16EE6.43333D60

Request Id : 8000

Customer Details
Title :
Forename : P
Surname : Newton
Home Phone :
Work Phone :
Mobile Phone :
Email : [FOI #587051 email]

Address
Property Name :
Property Number :
Street :
Area :
Town :
County :
Postcode :

Details of Information Request

Request Topic(s) :
Requestor Category : Public
Business Name :
Job Title :
Information Requested : Dear Halton Borough Council,

This is a Freedom Of Information Request, please provide the information
as requested, you should find the majority of it in your procedural and or
operations manual. This matter pertain to the Mersey Gateway Bridge tolls
(Merseyflow).

1 England enjoys a long established Common Law jurisdiction, are PCN’s
issued for a crime at Common Law or as an offer to contract or simply a
punishment for not choosing to pay a Toll?
2 If as an offer to Contract, do men and women have the freedom of choice
not to intercourse and Contract with Halton Borough Council?
3 Is the paying of a PCN mandatory, if so, is that mandatory at Common Law
or something other?
4 Is a PCN a crime?
5 If a PCN is a contract, then why does Halton Borough Council not state
that when it issues one?
6 If it is a crime then who is the injured party?
7 What is the difference between Lawful and Legal?
8 Does a PCN apply to a living man, woman or a corporation?

Yours faithfully,
P Newton

References

Visible links
1. http://www.merseygateway.co.uk/about-the...

Dear Jim Yates,

Thank you for your response but you have abrogated your responsibility to provide information in response to our questions. Please refrain from treating me as a child, I am not questioning anything legal which is a belief system and requires agreement by express consent. The Common Law follows Natural Law, or Gods Law.
Common Law is the practice of Gods Law (thought as oppose to belief) and can be traced back to the 8th century. Thinking and believing are mutually exclusive. They shall forever be in conflict. All that is “legal” relies on belief. Legal as opposed to Law, has nothing to do with morality or right and wrong, it often has to do with monetary gain which is often not supported by Law.

Please supply the information as requested and refrain from further obfuscation. Many thanks.

Yours sincerely,

P Newton

Owen G left an annotation ()

UK Laws are based on the following not just common law, you can't pick and choose:

Statutes: legislation from the UK Parliament and devolved parliaments.
Delegated legislation: an Act of Parliament may give a minister or some other party the authority to make legal provisions. Principal vehicles are statutory instruments.
Common law: law made through principles established in cases over the centuries during the standardisation of law throughout England and Wales from the 11th century onwards.
EU law – directives need to be implemented into a member state’s national law; regulations take effect automatically in all member states.

Thr Magna Carta has almost entirely been repealed due to it containing obsolete rules or rules which have since been superseded by more modern laws.

Also consent of the governed does not refer to an individual, it refers to the governed as a single group. You can change your consent at the polling station and if the majority of the governed agrees with you, the laws will change.

P Newton left an annotation ()

Owen G, you are incorrect.

All Acts of Parliament are ‘statutes’ known variously as legislation, regulations or rules. They are not laws. Statutes are often incorrectly referred to as laws by ‘trained’ barristers and solicitors, but the correct interpretation would be ‘black letter law’ (meaning statutes) which are distinguishable from ‘law’ i.e. common law – and for a purpose, the purpose being that statutes and laws are different. If Acts of Parliament were laws they would be called ‘Laws of Parliament.’ Parliament knows the distinction which it quite rightly maintains. Look at any Act of Parliament and you will notice the absence of the word law – that will give you the first clue that there is a difference. Parliament maintains the distinction between statutes and laws because those ‘in the know’ use this knowledge for their personal benefit.

– A ‘statute’ is defined as a rule or regulation of a society – they are edicts of legislation used to govern that society. Statutes are subject to the consent of the society – and this is individual consent and not collective consent. We belong to society as a matter of choice.

– The distinction between a law and a statute is that a law applies equally to us all but statutes can be made to favour one sector of society over others, for example, people with disabilities are given preferential parking privileges (which is fair enough) and politicians have given themselves special dispensations re their expenses which the rest of us do not have (which is outrageous).

– There is a compulsion to obey laws. Laws defend our freedoms and liberties and through them we live in peace and harmony with our neighbours. Failure to comply with laws would render an individual an outlaw. If you do not respect the law then it can afford you no protection.

– Obeying statutes is voluntary i.e. with our consent. Any individual can withdraw their consent to being governed (controlled) by the statutes of a society. This might involve their exclusion from that society and the loss of benefits, but when the imposition of the liabilities outweighs the benefits, then that might be a price worth paying. The choice is and should be yours.

Owen G left an annotation ()

Statues and acts are enshrined in law. They do apply to everyone.
Your example of equality for disabled people does apply to everyone you just won't have a use for it, just the same as the laws surrounding murder apply to me even though I haven't murdered anyone.
Law is a wide ranging word in the uk that encompaasses acts, regulations, orders and other terms. They are still laws regardless of the terminology used.
You can't opt out, unless you leave the country's reach. If you could, someone would have. Nobody has ever successfully used it as defence.
As I said before, the consent of the governed applies to our right to remove parliament/change laws through the voting system as the people of the country. It isn't an individual right to pick and choose. That would make no sense.

P Newton left an annotation ()

Owen G, you have a very peculiar viewpoint.
In the interest of clarity, the main difference, and this goes for almost all laws, is that statute law dictates what the law is, whilst case law defines the limitations of the particular law and therefore gives it meaning. Sometimes, there are situations in which common practices haven’t been adopted by statute, so judges will turn to the set precedent to determine how to apply the common law to the case before them. Judges therefore set the precedent within certain provisions of Statute Law. Most of the time, the areas of contract law, tort law, and property law exist within common law, not statutory law. Although there may be some written statutes in these areas, most of the time a judge's decision will be based on precedent. Statutory law will give only a rigid, formal interpretation of the law. It does not always apply easily to all situations. This is why it is beneficial for judges to refer to prior cases, rather than legislation. Many times, a precedent will be identified and then applied to the case at hand through analogy.

Dear Halton Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Halton Borough Council's handling of my FOI request 'PCN’.

Please answer the questions and provide the information you have access to. If you do not have the information, I would appreciate any advice upon where I could find the information.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

P Newton

Owen G left an annotation ()

" I am not questioning anything legal which is a belief system and requires agreement by express consent."
This freeman of the land nonsense is probably why they haven't responded.
They may still be making the tin foil hat to post to you.

Mike Foy, Halton Borough Council

Dear Mr Newton,

 

I am writing in response to your request that the Council undertake a
review of the way in which your Freedom of Information request has been
processed.

 

In having undertaken a review I can confirm that the Council has
previously provided to you a hyperlink to recorded information held by the
Council concerning the legality of its position with regards to the
charging of tolls. This information is also publicly accessible [1]here.

 

As such the Council is not in a position to generate further information,
or to add further comment, in response to your request. The Council would
advise that should you wish to seek further information concerning the
legality of the Council’s position you may wish to consult a
professionally qualified practitioner.

 

Whilst I trust that this clarifies the Council’s position on this matter
should you remain dissatisfied with the outcome of this review you may
wish to seek further independent advice from the Information Commissioners
Office and further contact details can be accessed via
[2]ico.org.uk/make-a-complaint/

 

 

Regards

 

Michael Foy 

 

Principal Officer (Performance & Corporate Affairs)| Halton Borough
Council | Municipal Building | Kingsway | Widnes | Cheshire | WA8 7QF.

E-mail: [3][email address] | Website: [4]www.halton.gov.uk

 

 

 

 

Complaint Details : Please pass this on to the person who conducts Freedom
of Information reviews.
I am writing to request an internal review of Halton Borough Council's
handling of my FOI request 'PCN’.

Please answer the questions and provide the information you have access
to. If you do not have the information, I would appreciate any advice upon
where I could find the information.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[5]https://www.whatdotheyknow.com/request/p...

Information supplied : Dear Mr Newton

Further to your recent FOI request I have set out the information
requested below which is already in the public domain:

The legal authority to charge tolls on the Mersey Gateway is in a number
of orders. These can be viewed on the Mersey Gateway Website.
[6]http://www.merseygateway.co.uk/about-the...

You may wish to take you own independent legal advice on the other none
FOI questions raised.

Regards

Jim Yates
Chief Executive’s Office
Municipal Building
Kingsway
Widnes

References

Visible links
1. http://www.merseygateway.co.uk/about-the...
2. https://ico.org.uk/make-a-complaint/
3. mailto:[email address]
4. file:///tmp/www.halton.gov.uk
5. https://www.whatdotheyknow.com/request/p...
6. http://www.merseygateway.co.uk/about-the...