Council Tax withholding Process - CAUTION NOTICE

Inadequate or no response within 7 days 

At all times withhold the amount that is due.

DO NOT PAY UNTIL THEY PROVE THEIR CLAIM...

that is your guarantee of honour and proof you are not just trying to avoid paying!

If they do not respond within the 7 days to your 1st polite letter in a meaningful way by:

  • an automatic response confirming receipt of your email, or
  • Their standard response they have a right under the Local Government Finance Act 1992 and the Council Tax Administration and Enforcement) Regulations 1992, or
  • no response at all) within 7 days,

then send them a Caution Notice which details their (in person as well as their legal fictions and the legal fiction of the council) duties, rights and obligations and gives them a further 7 days to provide a meaningful response.

This also sets out your duties, rights and obligations to every other person!

It further sets out if they do not respond in a meaningful way to answer how your obligation is created, then that is breaching your peace by obfuscating the question, claiming anything they have no lawful right to claim, or by create a dispute where none exists.

That is trespass and that you will charge £500 per hour or part hour for that trespass.

This is  different from what they do in their claim as you have specified your cause of action - a trespass upon your time!

You will have all the information you require to fill in the CAUTION NOTICE from your response to receiving the Council's Bill

1 - Download 20220327 CAUTION-COUNCIL TAX or CAUTION NOTICE from Dropbox link

2 - Edit the header: 

Each notice you make comes in a set of 3, CAUTION, WARNING and LETTER BEFORE ACTION, and must be uniquely identifiable.

Enter your initials and start numbering from 001...

3 - On page 1 enter the following information

1) the dd and month e.g. 04 and April,

2) Fill in their Council Tax details (this is merely their claim against you)

By way of example…

On the 15/03/2021 I received your Council Tax Reminder Notice referenced 12345678 and dated 13 December 2021 for the amount of £15.56.

3) You are standing in your own right as equal authority on this planet - no one can tell you what to do so do not show fear - use your first name and surname, and fill in your address. If they want to they will be able to find you anyway!!!

4) Enter all of their details as per your 1st polite letter and any other people who may have responded - make sure 'and' is as directed, as this way the notice is to the living person as well as the legal fictions (proper use of legal fictions allows us to navigate between the private and public realms!).

5) The easiest way to deal with this is by email so tell them how they must respond to your notice. Enter your email address, and

proofofdelivery@[the council’s server as is on the peoples email addresses, e.g. proofofdelivery@liverpool.gov.uk]. This will bounce back as undeliverable and is your proof of delivery and shows everyone that it was delivered to = witness 1.

AND

either to a friend or CouncilTaxWitness@protonmail.com. This is proof of delivery which can be certified if needed = witness 2.

4 - Sign page 12:

Electronically sign or print, sign and scan (or take photo) page 12.

SERVICE BY POST:

Print a copy for your records and send the original CAUTION NOTICE by signed for delivery.

You do not need a covering letter.

Your RECORD now is as follows:

  1. Their Council Tax Bill, dated dd/mm/202y,
  2. Your 1st polite letter, dated dd/mm/202y,
  3. Your DSAR with 2 forms of ID, dated dd/mm/202y.
  4. Signed for delivery of 1st Lettr and DSAR, served on receipt date dd/mm/202y.
  5. CAUTION NOTICE dated dd/mm/202y,
  6. Signed for delivery of CAUTION NOTICE, served on receipt date dd/mm/202y.

SERVICE BY EMAIL:

1 - Page 12 - Sign: electronically or

print pages 1 and 12, sign page 12,and take a photo of both pages.

2 - Either pdf or protect the files so they cannot be edited.

3 - Email TO: all the email addresses in the notice.

4 - Email COPY: proofofdelivery@[the council’s server as is on the peoples email addresses, e.g. proofofdelivery@liverpool.gov.uk]. This will bounce back as undeliverable and is your proof of delivery and shows everyone that it was delivered to = witness 1.

AND

either to a friend or CouncilTaxWitness@protonmail.com. This is proof of delivery which can be certified if needed = witness 2.

5 - In subject line put: CAUTION NOTICE [your reference number] regarding your claim ref: [their bill/account/summons #]

6 - In the body of the email: Copy and paste and fill in red as required:

 IF THEY DO NOT RESPOND...

Notice to principal is notice to agent, notice to agent is notice to principal

CEASE your claimed enforcement rights, and DESIST until this dispute is settled.

Email service in accordance with precedence PT-2018-000160

Dear [All their first names only] and [the name of the Council]

Further to your above referenced claim [their bill/account/summons #] I sent you a correspondence on the [dd/mm/2022], requiring for you to prove my obligation to comply with your demand in your above referenced communication.

You have failed to provide your full, accurate and complete response to settle this dispute, and thereby are breaching of my peace which is a trespass upon me.

Accordingly I herewith serve you this CAUTION NOTICE (attached), and require your full, accurate and complete response within 7 days to prove my obligation to comply with your demand.

Further I herewith notify you that I am withholding payment pending your proof of claim.

Regards,

[your first name only]

Attachments:
CAUTION NOTICE [and if you signed by hand also

picture of pages 1, and

picture of page 12.]

IF THEY RESPOND Local Government Finance Act 1992...

Notice to principal is notice to agent, notice to agent is notice to principal

CEASE your claimed enforcement rights, and DESIST until this dispute is settled.

Email service in accordance with precedence PT-2018-000160

Dear [All their first names only] and [the name of the Council]

Further to your above referenced claim [their bill/account/summons #] I sent you a correspondence on the [dd/mm/2022], requiring for you to prove my obligation to comply with your demand in your above referenced communication.

You have failed to provide a full, accurate and complete response to settle this dispute.

You have only provided your believed right to send the Bill (Local Government finance Act 1992).

You have failed to address the following two presumptions under your obligation in section 34(6) of The Council Tax (Administration and Enforcement) Regulations 1992 [1] :

1)       that the sum has become payable by the defendant and

2)      That any obligation has not been paid.

I outlined why your belief that legislation cannot create duties rights and obligations is simply we are all equal under the law and no one is above the law. If I were to provide a service without your consent and simply send you a Bill would you pay me - obviously not

Accordingly you are required to show me how legislation can create duties, rights and obligations upon anyone other than the contracting parties who advised and consented to any Act of Parliament - governance is by consent!

Failure to do so will be a breach of my peace which is a trespass upon me.

Accordingly I herewith serve you this CAUTION NOTICE (attached), detailing my arguments with supporting evidence and require your full, accurate and complete response within 7 days to prove my obligation to comply with your demand.

Further I herewith notify you that I am withholding payment pending your proof of claim.

Regards,

[your first name only]

Attachments:
CAUTION NOTICE [and if you signed by hand also

picture of pages 1, and

picture of page 12.]

 

6 - Attach the pdf or protected CAUTION NOTICE: and

if you signed by hand also the

pictures of pages 1 and

picture of page 12.

7 - Double check

 

8 - Click send

Your RECORD is now as follows:

  1. Their Council Tax Bill, dated dd/mm/202y,
  2. Your 1st polite letter, dated dd/mm/202y,
  3. Your DSAR with 2 forms of ID, dated dd/mm/202y.
  4. Your covering email letter dated dd/mm/202y,
  5. Bounced back delivery, served on receipt dated dd/mm/202y,
  6. The Caution Notice dated dd/mm/202y,
  7. Your email serving the Caution Notice dated dd/mm/202y,
  8. Bounced back delivery, served on receipt dated dd/mm/202y,

WAIT 7 DAYS FOR A RESPONSE

Your Caution Notice details your rights and requires the Council to prove their right and your obligation or simply the lawfulness of their action, and until that is settled then they have no lawful excuse to continue their action as that will be a breach of your peace by knowingly  intending to cause you harm for which you now have the evidence!

They must within a reasonable time provide you with a full, accurate and complete response.

They have given you a minimum of 14 days Notice (§18 of the Council Tax (Administration & Enforcement) Regulations 1992) so to remove their lawful excuse we must respond within that time, and as time is now of the essence our 7 days is reasonable.

THE COUNCIL'S RESPONSE OPTIONS

1. An automatic acknowledgement of your email is an inadequate response and is another proof of service - they have received your Notice.

2. No response

3. Their standard response if you get one is Local Government finance Act 1992 as the source of their claim (their belief of lawful excuse to breach your peace as to why they sent you the bill in the first place).

That is already obfuscation as we are asking them to prove your obligation... which falls under section 34(6) of The Council Tax (Administration and Enforcement) Regulations 1992 [1] which requires the council to satisfy the courts the  presumption that the sum has become payable by the defendant (you) as you have already told them in the polite letter...

[1] The Council Tax (Administration and Enforcement) Regulations 1992 https://www.legislation.gov.uk/uksi/1992/613/regulation/34/made

4. Should you be lucky enough to get a meaningful response, or confirmation they will stop pursuing their beliefs then please email it to maphorn@protonmail.com