Council Tax Responses 2023
I would like to thank you for your response – it is the most meaningful received so far in the country!
You have failed to provide any evidence to support your claim that Parliament can impose its will without restriction upon any individual or group of individuals!
Hence you have failed to evidence where, when and how my alleged obligation arises, but merely have expressed your legislative right as an agent of Parliament.
I have detailed my response inline in red in your copy and pasted message for ease but summarise here the substantive dispute as we have much in agreement (I merely use bold, capitals and underlining for emphasis):
- You use Acts, Legislation and Law interchangeably as if they are the same thing.
- Legislation can be either Primary Legislation or Secondary Legislation, and
- An Act is primary legislation created by Parliament Assembled which has received Royal Assent, and
- Secondary Legislation is created by officers where authority to do so has been delegated by and Act of Parliament (primary legislation), and
- The Act of Settlement 1700 (Primary legislation being an Act of Parliament) in the first sentence of section IV legislatively defines Law as your and my and every other persons birth right, and continues that all those governing must govern according to the same law, namely Parliament, HM Government and HMCTS is constrained to govern us according to our birthright, and
- THEREFORE BY IMPOSSIBILITY LEGISLATION BY ADMISSION IS NOT LAW, AND HENCE BY ADMISSION PARLIAMENT CANNOT CREATED LAW AS ITS ACTORS LIKE EACH OF US HAS THE SAME BIRTH RIGHT!
- By impossibility there can be no independent judiciary if one subscribes to parliamentary sovereignty – it can only be one or the other, but not both as that is a logical fallacy!
- Democracy is no individual’s birth right, and is just another theory no different fro the one of Parliamentary Sovereignty.
---------- Forwarded message ---------
From: Owen, Meredydd <email@example.com>
Date: Fri, 21 Apr 2023 at 12:54
Subject: RE: Caution Notice and Opportunity to Remedy Reference Reference number 189839016
To: .......Jones <......................... >
Good afternoon Mr Jones
Thank you for your email and for the information attached – which has been sighted by all relevant officers. Having read through the documents, I can only advise that the situation remains unchanged. Council Tax is a statutory charge [WRONG IT IS A DEMAND] that as a resident of the borough, you are liable to pay. There is no requirement for any contract to be in place, and we need neither your consent nor agreement to demand payment from you. While you have made reference to various Acts and legislation, the arguments put forward have no basis and will not affect our legal obligation to recover the tax that has been legally and lawfully demanded. As such, there is no reason for us to seek any further adjournment in relation to your continued non-payment and therefore the Hearing scheduled for the 27th April 2023 at 10:00am at Cwmbran Magistrates Court will go ahead. The Court will be given a copy of your email and attachments so they will be able to comment on any valid arguments raised on the day.
With that in mind, there seems little benefit in responding further. But just touching on your reference to the Bill of Rights 1689, there is no doubt this is still part of statute. Your understanding of its intent and meaning and the conclusions you have reached however are incorrect. The Bill set out the rights of Parliament and individuals [AGREED]- but its main focus was on limiting the powers of the monarch [DISPUTED – IT ALSO LIMITS THE POWER OF PARLIAMENT AND EXPRESSES PARLIAMENT IS THE REPRESENTATIVE OF THE PEOPLE = agency capacity at the time and thereafter fiduciary HENCE nothing can be done to the prejudice of the people] and guaranteeing the rights of members of Parliament to be independent and free from outside control [DISPUTED – PARLIAMENT BY ADMISSION ARE SUBJECT TO THE PEOPLE AND THE PEOPLES ‘ANCIENT RIGHTS AND LIBERTIES WHICH AS EXPRESSED ARED AGREED, DEEMED, AND ADJUDGED TO BE TAKEN]. This Bill therefore established the doctrine of Parliamentary supremacy [DISPUTED – PARLIAMENT IS ONLY SOVEREIGN OVER ROYAL PREROGATIVE] meaning that Parliament became the supreme source of law-making over the monarch [DISPUTED – THE CORONATION OATH ACT 1688 CONFIRMS ONLY HM GOVERNMENT WHERE IT EXPRESSES STATUTES AGREED UPON HAVE JURISDICTION] and the Courts HMCTS ARE INDEPENDENT AND CREATED BY THE SECOND PROMISE AND THE BILL OF RIGHTS ONLY RESTRICTS THAT COURTS CANNOT BE ECCLESIATICAL, TRIAL MUST BE BY JURY BEFORE FINES OR FORFEITURES CAN BE MADE. With regards to individuals, it conferred on every individual the protections of the law – that was the birth right mentioned AGREED AND THIS IS MY POINT – Parliament is subject to every individuals birth right!]. In no way did it mean that every individual had the divine right to decide which laws they decided to uphold or accept as valid [AGREED – AND HENCE ALL INDIVIDUALS INCLUDING THE OFFICERS IN PARLIAMENT AND ITS AGENTS ARE SUBJECT TO THE SAME LAWS WHICH ARE THE LAW OF THE LAND WHICH IS COMMON LAW PRECEDENT AS AT THE TIME EXPRESSED(Confirmation of the Charters 1297) IN THE GREAT CHARTER (MAGNA CARTA 1297)] . You obviously have every right to disagree with any decision or Act that Parliament passes but in no way does the Bill of Rights grant each individual the power or authority to decide which laws they choose to accept or not [DISPUTED – BOR1688 GIVES EACH INDIVIDUAL THE UNRESTRICTED RIGHT TO PETITION THE MONARCH FOR BREACHES OF ITS TERMS AND CONDITIONS!]. Disagreement with a particular law does not give you the right to pick and choose which laws you will obey and which ones you will not. And, as with a multitude of other enacted laws, there are consequences should you act outside of the law or break the law whether you say you have given your consent or not. While power belongs to Parliament, ultimately it is beholden to the population through what is known as popular sovereignty. If Parliament does not satisfy the wishes of the majority of the population, it will be removed through a general election In that sense, Parliament – while having the power to pass any legislation it so chooses, answers to the electorate as a whole. It is not answerable to an individual. [DISPUTED – WHAT YOU ADVOCATE IS PARLIAMENTARY TYRANNY – where once voted in then they can do whatever they like without constraint, including ending elections to change them – this is totally absurd proposition!!! Either Parliament has constraints on what it can do or it does not!!!].
Further your expressed belief makes a complete mockery out of the separation of powers as either Parliament is Sovereign and does whatever it wants and everyone must do what it says in which case by impossibility there CAN BE NO SEPERATION OF POWERS and the can be NO INDEPENDENT COURT...
EITHER PARLIAMENT IS SOVEREIGN OR THE COURTS ARE INDEPENDENT – IT IS NOT POSSIBLE TO HAVE BOTH!
However, as Parliament – being the supreme source of law-making in the country – passed into statute the Local Government Finance Act 1992, and the Council Tax (Administration and Enforcement) Regulations 1992, and as they have not been repealed or annulled, they are equally as valid as the Bill of Rights, being enacted as they were using the power granted to Parliament by the Bill of Rights. It stands to reason then that there is no doubt as to their legality and while you may continue to wish it otherwise, there is no real or valid dispute regarding the lawfulness of the Council Tax charge that has been levied in line with these statutes. This however will be down to the Magistrates Court to determine.
Regarding Points 1 – 12 below, what is not covered above will be addressed by the Magistrates Court if they feel these are valid arguments. In regards to points 13 and 14, we’re responding informally as course of business. Should you wish this to be actioned within the formal constraints of FOI, let us know and we will provide a formal response under that legislation, but please note your request will be refused in full under various exemptions within that regime.
Any held information on these matters, including full details of the Council’s budget and expenditure, where you are not requesting personal data that would be exempt under S40 of the FOIA, is already freely available on our website: https://www.monmouthshire.gov.uk/budget-books
I trust this response will assist in your appeal to the Valuation Tribunal. Please note however that the law limits the authority that the Tribunal has. As advised on their website (What we do - Valuation Tribunal Service), their remit only allows them to deal with appeals about:
- the council tax band of a residential property (its ‘valuation’)
- whether you should be paying council tax (your ‘liability’)
- how much council tax you pay (your entitlement to a reduction)
- whether the date shown on a completion notice for your property is correct
- the rateable value on your business premises
- an invalidity notice issued by a valuation or listing officer
- a penalty notice you have received for failing to provide certain information
The Tribunal cannot:
- change the law. The Tribunal has to apply the law as it stands, even if that leads to an outcome that you think is unfair
- take into account whether you can pay your council tax or non-domestic rates demand
- hear appeals about why you have not paid your council tax bill
- award costs
- advise you whether you have a case
- give an opinion about whether you are likely to win or lose your appeal
- advise you if you should appeal or not
- help you prepare your case.
Your appeal would seem to sit outside of the remit of the Tribunal but that of course would be for them to clarify for you.
Should you maintain that the Council is acting illegally in anyway, I would again suggest you seek proper legal advice rather than relying on websites that offer misleading advice that is based on incorrect and false interpretations of legislation.
I trust this fully clarifies the situation.
Mr Meredydd Owen
Shared Revenues Service Manager / Rheolwr Gwasanaethau Refeniw a Rennir
Shared Revenues Service Monmouthshire/Torfaen - Gwasanaeth Refeniw a Rennir Sir Fynwy/Torfaen
Resources Directorate / Cyfarwyddiaeth Adnoddau
Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen
Phone/Ffôn: 01495 742364 (Internal 2364)