Further letter to Andrew Barfoot NPAS

23rd September, 2005.

Mr Andrew Barfoot,
Tribunal Manager,
National Parking
Adjudication Service,
Level 6,
Barlow House,
Minshull Street,
MANCHESTER.
M1 3DZ.

By e-mail only:-
npas@parking-appeals.co.uk


Dear Mr Barfoot,

Re: Case Number WC49 – de Crittenden –v- Worcester City Council
Penalty Charge Notice WC00072143 – 26th June, 2003 –

I refer to our telephone conversation this morning and to an Adjudicator’s Direction, issued by NPAS and dated 20th September, 2005.

The relevant Direction provides that a Mr R A Prickett, Parking Adjudicator, has resolved to deny me the right to employ recording equipment at a hearing before a tribunal over which he is to preside – and Mr Prickett has provided several legal references in support of his decision.

Having now considered this Direction in detail, I must ask for an immediate and formal review of the Direction, for the following reasons:-

1. The Service Charter of NPAS fails to make clear that the right to record all proceedings is reserved to NPAS &/or its Adjudicators only – and it is reasonable for me to proceed on the basis of the precise words that are used in the Charter, and not on the basis of assertions that are now being offered, for whatever reason.

2. I have been denied all opportunity to offer formal representation at a Directions Hearing and Worcester City Council has been similarly denied all opportunity to make any case for itself at a Directions Hearing.

3. The Direction itself serves to offer some vague suggestion that I could be subjected to Contempt of Court proceedings if I should proceed to any assertion of my right to record the tribunal proceedings – this present ‘vague suggestion’ being offered to me at a date that is very much later than the date on which NPAS itself formally conceded that NPAS tribunals are not Courts of Law and Adjudicators are not judges.

4. Having now inspected the various regulations to which Mr Prickett has made reference, I can find no legal authority whatsoever for him to refuse the use of recording facilities, by me; by persons appointed to act for me &/or by any other appellant &/or their own appointed persons.

The ‘authority’ that is quoted within the Direction issued by Mr Prickett, and relevant to this last point, simply states that:-

‘The regulations, The Road Traffic (Parking Adjudicator’s)(England and Wales) Regulations 1999 do not authorize an Appellant to record the proceedings’ –

- to which ‘authority’ I must now respond by pointing out that these same regulations do not serve to deny to any appellant the right to record the proceedings.

I have made you aware of the fact that NPAS &/or the Adjudicators employed by NPAS are not ‘targets’ in the activity that I am undertaking in support of my own determination to defeat the ‘rogue’ legislation that has been and is being attempted by unworthy people (who neither understand our Constitution nor hold any true allegiance to it).

I have previously made Miss Curtin entirely aware of the fact that my purpose in seeking to record the process of your tribunal is to provide evidence to the Administrative Court that is entirely clear in its content and not altered in any way.


In view of the Direction that has now been issued by Mr Prickett (which direction now serves to deny to the Administrative Court a full access to the original material that is to be introduced and ‘argued’ at the tribunal itself), I must ask for a detailed review of this Direction, as indicated.

At a more personal level, I wish to record with you that the direction itself appears to offer nothing more than an entirely personal decision which has been entered into the proceedings without the benefit of proper and entirely normal debate on the issues involved for both myself and the City of Worcester - and without the benefit of any recognizable legal authority for such conduct.

No doubt you will be kind enough to confirm that A Full and Formal Review of Mr Prickett’s Direction will now be undertaken by NPAS, and I must ask you to advise me of the precise details of the process that will be undertaken for all purposes of achieving such a Review.

Before closing, I should mention that I have now spoken to the City of Worcester, and made the point that the NPAS tribunal will expect the City to offer the case for the RTA 1991, in contention with my own case that the Declaration of Rights is unalterable by Parliament and that the provisions of the Bill of Rights are being breached at this time.

I am assured that I can expect a telephone call from the Legal Department of Worcester, within a short time, for all purposes of establishing a good working relationship and liaison for all purposes of the hearing by the NPAS tribunal.

Finally, I should record with you that I am entirely aware of the fact that Mr Prickett will not be at all pleased to hear that I have required a Full and Formal Review of his Direction: It occurs to me that Mr Prickett may not now be the best person to preside over the impartial tribunal that is to hear my case?

Perhaps you will advise your own feelings in the matter of a suitably independent adjudicator – and further provide me with details of the rationale that you employ in any decision that you may reach?

The issues that are to be presented to the NPAS tribunal are Constitutional Issues that have a clear and present relevance to the several Authorities of the Crown; the Government & the Parliament of this Country – and you will understand that I have no wish to see ‘personal’ feelings become involved in the matter.

To my mind, there should be nothing at all that can serve to distract attention away from the supreme importance of the principal issues and I must ask for your help in making sure that the principal issues are proper addressed, without bias on the part of anyone at all, including the NPAS Adjudicator appointed to the tribunal.

Thank you for your time on the telephone this morning and for your attention to this present letter: I look forward to receipt of your detailed response at some early time.

Yours faithfully,


Robin de Crittenden.