THE COUNCILS CLAIM AND PROCEDURE

COUNCIL TAX BILL

The Council's claim is a demand  made under an assumption of their right and your obligation under the Local Government Finance Act 1992 (‘LGFA1992’) [1] from Parliament Assembled which grants the following legal rights contained therein;

  • §3(6) of the LGFA1992 allows the Secretary of State to decide what a 'dwelling' is, and §4(3) what an ‘exempt dwelling’ is, and
  • §13 of the LGFA1992 allows the Secretary of State to decide reductions, and
  • §13A of the LGFA1992 grants the Billing Authority  to even reduce bills to zero depending on financial need (subjective)
  • The Bill must be served a minimum of 14 days before the first installment is due is to be served in accordance with §18 of the Council Tax (Administration & Enforcement) Regulations 1992 (“CTER1992”) [2].

The Bill is in accordance with the Bills of Exchange Act 1882 as in the following example (they differ slightly from Council to Council)

Payment terms = offer to contract

[1] https://www.legislation.gov.uk/ukpga/1992/14/contents

[2] https://www.legislation.gov.uk/uksi/1992/613/contents/made

COUNCIL TAX INSTALLMENT REMINDER

The Installment reminder is served under §23(c)(i) of the Council Tax (Administration & Enforcement) Regulations 1992 (“CTER1992”) [2]

Payment terms = offer to contract

 

[2] https://www.legislation.gov.uk/uksi/1992/613/contents/made

COUNCIL TAX FULL AMOUNT REMINDER

The Installment reminder is served under §23(c)(iii) of the Council Tax (Administration & Enforcement) Regulations 1992 (“CTER1992”) [2]

I HAVE NEVER RECEIVED ONE OF THESE YET SO THIS ALONE STOPS SUMMONS BEING LAWFUL!

Payment terms = offer to contract

[2] https://www.legislation.gov.uk/uksi/1992/613/contents/made

COURT SUMMONS

In accordance with the Magistrates Court Act 1980, §51 the Council lays a complaint before a justice of the Peace under the councils powers under the Council Tax (Administration and Enforcement) Regulations 1992, §34(1) for either the installment or the full amount.

Under §34(6) the Council MUST provide evidence to the Justice of the Peace that 'The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

To satisfy the court of the liability it must prove contract... and the pre-action protocol for debt [1] which is an obligation of the courts to follow (civil procedure rules, but not Magistrates rules) at it's point 1, the council is a public body, and at it's 3.1(a)(iii) and (iv) it requires evidence of verbal or written agreements respectfully which is the ONLY way duties, rights and obligations can be created!

However under the Magistrates Court Rules the Court can ONLY reach its decision based upon the evidence presented before it in the Court, and if there is no contract, then they must prove how 650 MP's in London can create an obligation on over 65 million people...

 

[1] https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf