East Lindsey District Council – Unlawful Regulation Boards

My investigations into overnight parking in the Lincolnshire County Council area has now moved onto East Lindsey District Council.

Sandilands

In Entrick v Carrington(1765) Lord Camden ruled, as later became viewed as a general principle, that the state may do nothing but that which is expressly authorised by law, while the individual may do anything but that which is forbidden by law. The judgment established the limits of executive power in English law: the state can only act lawfully in a manner prescribed by statute or common law.

As no legislation states a Local Authority may deny use of a car park without the required order ELDC are acting unlawfully in the displaying of a restriction which they have no right to restrict as vehicles may be occupied overnight in all ELDC car parks.

I have sent the complaint below to ELDC.

—– Original Message —–

Sent: Sunday, April 06, 2014 5:12 PM
Subject: ELDC Stage 1 Complaint – Reference 1314-03-097
Dear Mr Hollingworth,
I note “any future change to the wording of the current order will ensure that the order and regulation board clearly reflect the restrictions to that will be in place in the revised car parking order”. As any amendment to an order requires that those who the order may affect should be informed and any objections raised considered before making such an amendment to said order you cannot state this. If you attempt to amend the order I would like to give notice that it will affect myself and I would like to be informed prior to any changes. In addition as this will affect the motorhome community you will need to advertise this in the motorhome press.
As the order does not prohibit the overnight occupation of vehicles your signs should not state this a to do so is unlawful.
I refer you to Entrick v Carrington http://en.wikipedia.org/wiki/Entick_v_Carrington Lord Camden ruled, as later became viewed as a general principle, that the state may do nothing but that which is expressly authorised by law, while the individual may do anything but that which is forbidden by law. The judgment established the limits of executive power in English law: the state can only act lawfully in a manner prescribed by statute or common law. As no legislation states a Local Authority may deny use of a car park without the required order East Lindsey District Council are acting unlawfully in the displaying of a restriction which they have no right to restrict as vehicles may be occupied overnight.
As such I request that the signs are changed to comply with legislation. Could I please advance my complaint to Stage 2?
I highly recommend that East Lindsey District Council seek legal advice.
Kindest Regards,
Andy Strangeway
“(Yorkshiremen are) richly endowed with that gritty determination, that wilful refusal to give up and that sheer bloody-mindedness that eventually prevails.” Sir Bernard Ingham
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