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October 2011 - Letter to BIS re Judicial Review PDF Print E-mail

Administrative Court Judicial Review into Potential Victim Status has evidence of three cases of successful LA prosecutions under private legislation against “genuine pedlars” found guilty of trading without a licence.

The facts of each case are similar in that each “certified” defendant was found trading whilst travelling through a designated street.

Magistrates disregarded submissions of lawful exemption from street trading regulation for “acting as a pedlar”.

Severe penalties by way of fines were imposed by the lower courts on grounds considered by each defendant as unjustifiable but each was limited by financial means to further the defence: that the exemption qualification “only by means of visits from house to house” also allows pedlary the option of “other than house to house” - Bournemouth Borough Council Act & Manchester City Council Act 2010 as consistent with the Pedlars Act.

This evidence raises the “public interest” matter that has been referred to BIS under the title of “potential victim status”.



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