COUNCIL TAXES & LIABILITY ORDERS

  THE GREAT COUNCIL TAX SCAM, CIVIL & CRIMINAL PROCEDURE RULES

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There might be a contract for the level of services that you are willing to contribute to. One the other hand, your council may not have provided the services, or otherwise behaved in a manner where there is a reasonable contract. All contracts of course must be reasonable. If they are not, there should be a mechanism through which you can seek an effective remedy.

In the case of the Generating Station, the council has failed to provide adequate roads, or to prevent regular flooding, or even illegal waste discharges out to sea. There are no affordable homes to rent in the Hailsham/Herstmonceux area. And worst of all, the Heritage Asset has no reasonable or beneficial use to pay for treatments or general maintenance. It is thus a good idea to write to the Council, asking how/where the Tax they are claiming, is being spent.

Wealden District Council send out Council Tax Demands, but are they legal. And do they comply with all of the Rule. Or is it one of the Great British scams of all time?

For starters, the court is hired by a council, and the "Magistrates" are not "Sworn In." Is that lawful? If they are not sworn in, what does that mean for any decision they might make. Does it invalidate a decision. We know there is no right of appeal from the Magistrates Court to a higher authority. In which case, make sure to obtain the names of the Magistrates, hearing the claim.

Hence, are the proceedings lawful, or an abuse of process? For sure, they appear to violate Article 13 of the European Convention, as per the European Communities Act 1972.

For some reason not paying a Council Tax demand is not a civil debt, but is dealt with in a Criminal Court. The objective being to grab property, via charges. But all that depends on a person actually occupying property, as alleged. And, if there is a legally binding contract between the Council concerned, and the person they are seeking to charge. And what are they charging their victim for?

REAL OR FAKE

Thus, is the Council Tax Demand a real document, or a fake document?

The sums they are seeking to charge will depend on if the charge is reasonable contractually, and that services provided are provided efficiently, and not over-charged. Otherwise, a council may be guilty of culpable overcharging.

Should a person be unable to pay a Tax Demand, a council will issues a Court Summons, at which point most people will be intimidated into paying, because they cannot face an appearance.

Now bear in mind that the Council Tax Demand and Court Summons must obey procedural rules. These rules are set out in the Magistrates Court Act of 1980. As a prerequisite, all court actions must be completed on official Court Forms, using a Court Seal - and must be signed by the issuing Clerk to the Justices of the Peace. Otherwise the document is a SHAM, a fraudulent document.

SECTION 51 OF THE MAGISTRATES COURT ACT 1980

According to this Act, there must be a Court Case File, and a Court Case Officer, who is appointed to manage the case.

There must be a copy of the case or cases that have been before the Court concerning the same property. A council cannot be judge and jury in its own claims. R v Sussex Justices ex parte McCarthy 1924.

COURT PROCEDURE RULES 2020

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DATA SUBJECT ACCESS REQUEST - DSAR - TO COURT

One of the first things to do to establish if the proceedings are lawful, is to make a DSAR to the Magistrates Court. Cite the Council's claim or reference numbers, and ask for a copy of those Case File, and the name of the Court Case Officer.

The Council issue the Summons, which appears from the statute cited below, to be a criminal offence.

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FREEDOM OF INFORMATION REQUEST - FOI - APPLY TO COURT AND COUNCIL

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LOCAL GOVERNMENT ACT 1888

Section 88 (2) - shall not exercise any - in a court of record!!

ADMINISTRATION OF JUSTICE ACT 1970

Part V Miscellaneous Provisions - Punishment for unlawful harassment of debtors. (1) A person commits an offence if, with the object of coercing another person to pay pay money claimed from the other as a debt due under a contract .....

PERJURY ACT 1911

Section 5, False statutory declarations and other false statements made without oath ...

FRAUD ACT 2006

Section 3 ..... Fraud, by failing to disclose information ....

Section 7 ... Making or supplying articles for use in frauds ... (1) A person [summons]

DATA PROTECTION ACT 2018 - DATA SUBJECT ACCESS REQUEST (DSAR)

Section 173 ... It is an offence to Alter Personal Data to prevent disclosure ... 

(3) It is an offence for a person listed in subsection (4) to alter, deface, block, erase, destroy or conceal information with the intention of preventing disclosure of all or part of the information that the person making the request would have been entitled to receive.

LIABILITY ORDER

The issue of a Liability Order, despite putting the Magistrates and Council concerned on Notice of a Claim, gives you the ability to raise the matter with King Charles III, under Section 13 of the Bill of Rights 1689 - that is almost bound to be blanked - but might be worth applying to his Majesty, just so that you can say tried all reasonable avenues in the United Kingdom.

REGULATION 34 OF THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS ACT OF 1992

Sec t 34 (6) (6) The Court shall make the order if it is satisfied that there is liability ....

But if there is no evidence to show such liability, then no Order can be made, and making such Order may well render the Magistrates making it, and the Court (Justice System) vicariously liable - as to any violation of Human Rights. Especially in any Claim that may follow, such as in the International Courts.

Obligation - Have they proven that you are obliged to pay - where there is no contract. I.e. you have not agreed to pay, or that the way the contribution to running of the local authority is accepted as reasonable value. In the case of the Generating Buildings at Herstmonceux, we do not think that Wealden can argue they have provided a value for money service. Indeed, all this council have done is use their authority to deny the Heritage Asset is an asset, and seek to cause loss for the occupiers of this unique historic complex.

ARTICLE 3 HUMAN RIGHTS ACT 1998

Unfortunately, in England, there is no Legal Aid to provide for a level playing field, by way of any application for remedy - by way of a right. And that is how Adolf Hitler took away the rights of German citizens in the lead up to World War Two. King Henry the Eighth did exactly the same, making his word law. Then promptly beheaded, lopped off 4.5 heads a day at the Tower of London, for every day of his rule.

THE EUROPEAN COURT OF HUMAN RIGHTS

You have to be careful when lodging in Strasburg, there is no Legal Aid to help with an application, and this Court provides no reasons for refusing an application. They use a single judge who is answerable to nobody, to determine admissibility. The moment a court is not answerable, they cease to be a court in real terms.

Our advice is to apply as carefully as you can - to be refused, to allow an applicant seeking justice to proceed to the United Nations. Before taking a case to The Hague, you are bound to have exhausted all other procedures. Thus, use the European Court as a springboard. You should also have petitioned King Charles, and his Justice Ministers. Just to be on the safe side.

THE INTERNATIONAL COURT OF JUSTICE - THE HAGUE

Where there is no "Right" to an "Effective Remedy" for citizens of England, and where the above constitutes Mental Torture, a violation of the Universal Declaration of Human Rights: That under Article 1 provides for all human beings to be treated as born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. And 4 (slavery or servitude) free of Article 5 mental torture.

REFERENCE

https://www.wealden.gov.uk/

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