8 November 2013 – Pedlar Nicholas re PA35
Pedlar Nicholas wrote to pedlars.info with concern about some local problems and asks about BIS timing to begin communicating:
7 November 2013
Hi Robert.
I am concerned about all these Romanians invaded our streets and being issued pedlars licences. Surely they would have to of resided here for a certain length of time to get one. They have also damaged me financially and operate in a unprofessional way by using tesco trollys and children. Some of them can’t even speak English.
Have you heard of them causing a nuisance to any one else.
Regards
Nick
pedlars.info reply:
Nick
The issue has been raised by other pedlars.
The BIS URN consultation report last November will if implemented make the problem worse because nobody will have to apply for a pedlars certificate.
That means the streets will be taken over by rogues, vagabonds and villains… or as the LGA say… hoards of marauding criminals.
Worse still the draft proposals give councils increased powers to prohibit “all persons” from the streets… stupid eh?
Even worse the draft proposals give councils increased powers to prohibit “all persons except other EEA nationals” from the streets… that means Romanians are OK but british pedlars are prohibited… these daft proposals have been concocted by daft legislators at BIS who say it is for the benefit of genuine pedlars… what?
Even worse BIS has adopted a policy to ignore pedlars concerns.
Hence pedlars alert 35.
Time to email or visit your MP.
Robert
Hi Robert.
My MP is a tosser and couldn’t care less about us.
If it do happen with these Romanians then I’m pretty sure it’ll end up like hotdog wars back in the 80’s.
The police experienced these Romanians on Saturday at an event I was at and the chief superintendent was furious how many there was and he said he will be writing to his superiors about them and the council.
I’ve not had time to email them myself as I’m busy the next two weeks. But I will.
I also thought all this pedlars news had died off as I had not heard anything for ages. But why now as we are all busy this time of year.
Hope you are well.
Regards.
Nick.
pedlars.info reply:
Nick
This week in Parliament debates the 800th anniversary of the Magna Carta that laid out principles that protect the liberties and rights of the individual against the oppressive powers of the state.
Lord Parekh duly noted that a merchant that breaks the law be not so punished as to be deprived of his ability to work.
Parliament made the dreadful error in 1999 giving assent to a private interest Act to the City of Westminster. The bill was was argued on 2 points namely that the “hot dog wars” indicated a breakdown of law and order and secondly on a “lie” spun by the sharp promoters of the bill that “it would have no effect on genuine pedlars”.
The Act contains clauses of seizure, confiscation and forfeiture of a pedlars means of work despite an exemption for “acting as a pedlar”.
The power of the state under local authority had powers to deprive a pedlars right to trade until a case came to Court.
I was personally issued with Summons not for “not acting as a pedlar” under the Pedlars Act but “for trading without a street trading licence” under the COW Act. The case took months to come to Court and on the day it was dropped but I had suffered oppressive powers of the state by being deprived of the ability to work in a chosen profession.
Select Committees on numerous private bills that followed presented evidence that pedlars in Westminster were gone but rogues continued to operate.
By 2007 pedlars.info was formed to fight the case for pedlars against a further swathe of these oppressive powers contained in private bills and with developing success as pedlars learned to stand and present themselves in the parliamentary legislative process.
This is not flattery for those involved but rather what had to be done to reverse the well-funded and organised powers of lobbyists in the corridors.
Government department BERR now BIS began open and transparent consultation with pedlars on reform of the Pedlars Act.
St Chads College who were commissioned by BERR understood principles, liberties and rights contained within the Pedlars Act.
That consultation was engaging… proposals were made, developed and refined with pedlar agreement.
Shock horror for pedlars when BIS announced removal of chair-mender and handicraft pedlars’ protection under the Pedlars Act as necessary under the European Services Directive. BIS used a devious blunt tool, a Statutory Instrument PSRA 2009 with no public consultation.
Pedlars objected that those pedlars would be exposed as potential victims of local street trading regulation.
That BIS promotion of Section 45 was a result of civil servant failure to understand that “service means any self-employed economic activity” – the Services Directive.
Pedlars attempts to have that failure amended have been consistently ignored. Lord Lucas has recently reiterated pedlars concern but is also ignored.
During November 2011 pedlars petitioned against Reading, Leeds, Canterbury & Nottingham bills and what followed was a House of Lords Special Report that identified the only single valid concern to limit the proportionality of a pedlars means of operation compared to the proportionality of static licensed traders means of operation.
That Select Committee heard evidence from BIS that all street trading legislation was currently “illegal”.
In June 2012 pedlars took a pro-active role and submitted to BIS draft legislative proposals to resolve all incompatibilities in national pedlary and local street trading law that also fulfilled the aims of the Services Directive but BIS refused to include those proposals in the forthcoming consultation or even to read the content.
Shock horror in November 2012 for pedlars and Lords when BIS produced a consultation inappropriately titled URN which proposed policy to “repeal” the Pedlars Act for the benefit of pedlars… what?… did we really read that correctly?
The URN went on to propose ridiculous legislation that any ordinary pedestrian person could trade in a street and consider themselves a pedlar if they wished to trade… but (and herein lies the oppressive powers of the state within delegated local authority) subject to criminal prosecution (CRB listing) under local street trading regulation against a person found trading in place for longer than 10 minutes.
Nick the activities of pedlars.info never “died off”. On the contrary all of their work is published to expose an attempted cover-up by BIS for gross negligence and bad administration throughout this facade of public consultation.
Since June 2012 BIS adopted a “policy to ignore” all pedlar communications so there was nothing substantive to report via pedlars alerts.
In October pedlars.info was informed that all previous operatives under the CCP Team have gone and a new point of contact would engage pedlars.
Those communications are published and we are in a preparatory period towards a meeting with BIS, Counsel, SoS & the minister.
As part of that preparation we published a critique of a paper that MP’s rely on to be informed. The HMG button at pedlars.info takes you straight there.
BIS has failed to understand the principles that distinguish national legislation from local legislation.
Pedlars hope that this 800th anniversary of the Magna Carta will remind the SoS and the minister for BIS of the principle that the duty of government is to protect the liberties and rights of the individual against the oppressive powers of the state.
Why now you ask?
It is a familiar ploy by BIS to appear to be open for a meeting knowing full well that the build up to Christmas is the busiest time of the year for most pedlars.
I hope this gives you some understanding of the work at pedlars.info and please do send us copy of your own communications about that local incident.
Robert