CLIVE USES ‘PACE’ AGAINST WESTMINSTER PCN!
In April 2006, Dial-a-Cab driver David Marks (R22) showed Call Sign an article taken from monthly mag, Motor Cycle News. The PACE letter, as it was known, had an amazing impact on CCTV speeding offences and helped get charges dropped via a legal technicality. Several DaC drivers used it and told Call Sign that it had worked with UK police forces dropping cases when the technicality was used. We were later told that many police forces had blocked the loophole.
However, several DaC drivers phoned Call Sign to say they had used it and it was working to a degree. They had been offered a one-day course on road safety instead of getting the usual 3 points – if true, then a very satisfactory swap! Full details are in the May 2008 issue, which is available in Call Sign’s on-line library at
www.dac-callsign.co.uk.
However, we had never heard of a DaC driver using the PACE letter in regards a cctv-issued PCN for parking. But DaC driver Clive Pamment (M09) has changed that with an astonishing appeal against his PCN…
He received a Penalty Charge Notice in June while processing a credit card trip for a passenger. He admitted that the stopping place had double yellow lines, but rightly claimed that taxi drivers are allowed to pick up or set down on them.
In his representation to Westminster Council, he informed them that he was indeed the driver, but because he had not received a caution at the time – as required under the PACE code - any statement he made could not be used in any proceedings against him.
But Clive also added this astonishing piece of info:
It is illegal under the 1686/9 Bill of Rights duly passed by the Monarchy and Parliament, which has never been repealed, to demand any monies, goods or chattels from an English born person unless convicted in a court of law. And as I have incriminated myself by providing the details of your requirements, this cannot be used against me or disclosed in any proceeding whatever against myself.
The case was passed onto the Parking and Traffic Appeals Service and they gave him an adjudication date for August. But just 3 days before Clive’s appeal was due to be heard, Westminster Council wrote to him once again and informed him – perhaps unsurprisingly – that they had decided to drop the matter "on technical grounds" and cancelled the PCN.
No council ever reveals what "technical grounds" refer to although all use the expression. It could mean that they know they can’t win and rather than allow a precedent and let the relevant information come out, the easier option is to cancel.
Whilst we congratulate Clive on his victory, it should come as no surprise because there can’t be many drivers on DaC who can trace their ancestry back to 15th Century France. Clive has traced his roots back to before the Huguenot ‘revolution’ in France when his family name was Pamont. In 1600, Benjamin Pamont was a church stonemason, while his son was a Thatcher and HIS son a Wheelwright and it was HE who came over to England settling in Isleham, Cambridgeshire after being forced out of France by Catholics, at a time when Protestants and Methodists were being hounded. He was later to become the Mayor of Isleham.
Clive has been on DaC since 1986, having previously been on the extinct Black Radio Taxis, which were taken over by DataCab – who in turn were taken over by ComCab.
Ron Yarbrough
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