referemces needed for pedlar application - is this legal?

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referemces needed for pedlar application - is this legal?

Postby jarrick » Sat Jun 20, 2015 12:11 pm

Hi all,

I've held a pedlar's licence for a few years now and previously applied in Winchester Hampshire with no problems but have just moved down to W. Sussex and when I got the application form from Haywards Heath police st. it now states that I need 2 householders to "reccomend me". They have to fill out part of the form as shown in the image below:

Image

I didn't have to do any of that in Hampshire and firstly I'm wondering why they should add this to the application process (it's completely worthless as far as I can see and prededice against anyone who has no friends or family) and is it even legal for them to just come up with new hoops for us to jump through?
jarrick
 
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Re: referemces needed for pedlar application - is this legal

Postby coffeeboy » Sat Jun 20, 2015 12:25 pm

Correct...;there is no requirement for any of this bollix....
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Re: referemces needed for pedlar application - is this legal

Postby jarrick » Mon Jun 22, 2015 2:22 pm

but does that mean that I can just refuse to fill out the retarded parts of the form - or am I having to dance to whatever tune they play?
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Re: referemces needed for pedlar application - is this legal

Postby Seymour » Mon Jun 22, 2015 2:52 pm

Just an idea: but by collecting this data, they are collecting data which is not necessary, and this is forbidden under that data protection act. They are collecting data about your friendship groups and associates which is completely irrelevant to your application. It also states that background checks are being made on the recommender. Again, data which is not needed for the issue of a pedlars certificate.

I can see their point that you ought to be a person of good character and they need to be able to verify this. But they've got access to the national police computer, and that should be enough for them.

On the other hand, you don't want to piss them off by being a barrack room lawyer. Tricky one, this!

I think I'd push it, through, by asking under what legislation they require that you are to be recommended by two householders. Or get on to the good folk at pedlars.info who have a wonderful record of putting silly people in their rightful place.
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Re: referemces needed for pedlar application - is this legal

Postby comebackjimmy » Mon Jun 22, 2015 3:33 pm

What does the term "Good character" actually mean?

I don't know but hazard a guess that it means you are not a criminal or that you do not have a criminal record.

As such the police have all the resources they need in terms of their own database to identify any applicant and determine for themselves if he is of "good character" though I guess it hinges on the definiiton.

Though take a look here:

http://thelawdictionary.org/character/

This points to a moral/behaviour requirement so in this definition it might be argued the police cannot determine "good character" unless they actually ask someone who knows the individual to say they are of good character.
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Re: referemces needed for pedlar application - is this legal

Postby Izalias » Fri Jun 26, 2015 12:48 pm

Don't provide them, and then take them to court for failing to provide one.
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Re: referemces needed for pedlar application - is this legal

Postby Seymour » Fri Jun 26, 2015 1:48 pm

Hiyya Ya'all,

I've just sent West Sussex police the following FOI request:

***************************************************************************************
Freedom of Information request

I refer to your document: Form A2 (a) guidance notes (West Sussex 07/11) which I obtained from: www.chichester.gov.uk/CHttpHandler.ashx?id=17869&p=0

Please provide me with the following information:

1a - Under what specific legal instrument do you require an applicant for a pedlars certificate to provide your: "Completed “Form of Recommendation” filled in by two (2) Householders"? This form can be found in your document Form A2 (West Sussex 12/2014)

1b - Under what specific legal instrument do you require an applicant for a pedlars certificate to provide: "Two (2) Passport size photographs"?

1c - Under what specific legal instrument do you require a successful applicant for a pedlars certificate to pay a: "£12.50 Registration Fee" when according to "1985 2027 LICENSES AND LICENSING The Pedlar's Certificate (Variation of Fee) order 1985" the fee is stated to be £12.25.?

2 - Under what specific legal instrument do you do a background check on the referees so specified in Q1a above as mentioned in Form A2 (West Sussex 12/2014)?

Important note: If no such legal instrument(s) exists, please state so clearly. Your answer will not be deemed to be sufficient without a clear and unequivocal statement.

3 - Who authorised the requesting of this information? Please supply the full name and rank of the person. If multiple people were involved in the decision, please supply all names together with their ranks/positions at the time.

If this information for the answer to Q3 is not held on record, I would expect your team to investigate in order to find an answer.

4 - Under what specific legal instrument do you state (on page 5 of the above document) that, for a pedlar: "Trading in perishable goods (e.g. food) is not permitted.". Please provide the full text and context of the instrument.

Your faithfully
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Re: referemces needed for pedlar application - is this legal

Postby jarrick » Sun Jun 28, 2015 10:34 am

I expect the extra 25p is to cover their checks on the referees.

I don't expect that they will come up with satisfactory answers but it might just harrass them enough to make them change their evil ways.

you don't actually have to obtain your peddlars licence at the nearest police station or even within the county that you live, do you??
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Re: referemces needed for pedlar application - is this legal

Postby Seymour » Sun Jun 28, 2015 12:14 pm

There's a residence requirement, so it should be done in a police station in your locality.
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Re: referemces needed for pedlar application - is this legal

Postby Tony Maloney » Tue Jul 14, 2015 11:00 pm

Reply back and say they are not acting within the context of the legislation and as such are acting Ultra Vires .
i have just received mine but told police counter staff i did not consent to be racially profiled as i was supplying two means of identity that establish same with Crown Copyright to boot.

FREEDOM IS NEVER VOLUNTARILY GIIVEN BY THE OPPRESSOR
IT MUST BE DEMANDED BY THE OPPRESSED Martin Luthor King Jr
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