head tax

gary smith made this Freedom of Information request to Newcastle upon Tyne City Council

The request was successful.

From: gary smith

7 March 2010

Dear Newcastle upon Tyne City Council,

Dear Sir or Madam,

Could you please provide written evidence of THE LAW that requires
flesh and blood human beings to pay council tax?

I have investigated www.opsi.gov.uk/ and various other websites to
find as much information as I can regarding council tax laws, but
can only find information on the STATUTES or ACTS that apply to the
PERSON or LEGAL FICTION, I cannot find a LAW that is applicable to
HUMAN BEINGS being justifiably taxed by a council or local
authority

I understand that, by legal definition, statutes and acts are
defined as legislated rules of a SOCIETY which have been given the
force of law, but in themselves are NOT LAW, and;

A society is defined as a number of people joined BY MUTUAL CONSENT
to deliberate, determine and act for a common goal.

So in essence the STATUTES only apply to those who give consent
i.e., are a willing member of the society.

I am looking for the LAW that applies to those human beings that
have not mutually consented or have withdrawn their consent from a
particular society, i.e., those humans beings that are no longer
subject to the rules of that society.

So please provide evidence of the LAW (not the statute) which
states that all humans (NOT PERSONS) are obliged to pay council tax
(including humans who are not willing consenting members of
society).

Please note, that if your response includes the word PERSON,
PERSONS OR INDIVIDUAL, you have failed to answer my request, as
persons are not flesh and blood humans, they are LEGAL FICTIONS and
the term INDIVIDUAL is defined as meaning a PERSON which is also
legal fiction NOT a human being , man or woman. Also, please do not
direct me to ACTS, STATUES, or LEGISLATIONS as these do not apply
to a Human being of flesh and blood who is in possession of an
Immortal Soul. So please take care when providing a suitable
response, I wish to know what LAW (not statute or act) obliges me,
a woman, or HOMO SAPIEN to pay council tax.

Please provide also, a copy of the LAW which states a council may
prosecute a human being of flesh and blood for Council Tax Arrears
in ordered to recover what they term a debt.

I require a written copy of the procedure used by the Council to
validate the information used to establish the arrears, i.e., if
LOSS as defined as under COMMON LAW JURISDICTION is the
justification for prosecution of a flesh and blood human, man or
woman, can the council provide written evidence for that LOSS with
full financial records and accounting to back up that debt, along
with contracts committing both parties showing equal consideration,
acceptance and signatures, when requested?
What process do they, the councils, use to distinguish between a
human being of flesh and blood and a PERSON for such purposes of
threatening prosecution?

Yours faithfully,without ill will, vexation or frivolity

gary of the smith family
without prejudice and with all unalienable rights and powers
reserved

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From: Dinsdale, Peter
Newcastle upon Tyne City Council

16 March 2010

Dear Mr Smith,

Thank you for your request for information received on 7 March 2010.

We hold no information constituting the law requiring payment of council
tax and governing prosecutions for non-payment of council tax other than
the statutes and Acts to which you refer, together with related
secondary legislation. We are thus unable to comply with your request.

If you are unhappy with our response to your request you can ask for an
internal review of our decision. Please send details of your request
for review to the following address:

Corporate Information Governance Officer
Chief Executive's Office
Civic Centre
Barras Bridge
Newcastle upon Tyne
NE99 2BN
Telephone: 0191 211 6644
E-mail: [Newcastle upon Tyne City Council request email]

If you are still unhappy with how we have handled your request following
our internal review you can complain to the Information Commissioner.
Contact details are as follows:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545745
E-mail: [email address]

Regards,

Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038

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From: gary smith

16 March 2010

Dear Dinsdale, Peter,

so does this mean that as a human of flesh and blood i do not need
to pay council tax as you have no copy or know no law that requires
me to pay it

Sincerely and without ill will, vexation or frivolity,

gary of the smith family

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From: Dinsdale, Peter
Newcastle upon Tyne City Council

16 March 2010

I am now out of the office until Thursday 18 March.

For any urgent queries please contact Gareth Rodgers on 0191 277 7666 or
[email address]

Please send any Freedom of Information requests to
[Newcastle upon Tyne City Council request email] otherwise they will be treated as
having been received on the day I return to work.

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From: Dinsdale, Peter
Newcastle upon Tyne City Council

18 March 2010

Dear Mr Smith,

Thank you for your email.

Are you requesting an internal review of our response to your request?
If so, could you please let me know what aspects of our response you are
unhappy with and on what grounds you wish to appeal?

I am advised that the Local Government Finance Act 1992 requires you to
pay council tax. I do not intend to get into a legal discussion with you
about this. If you want to get legal advice on this matter I suggest you
contact an independent legal advisor.

Regards,

Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038

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From: gary smith

18 March 2010

Dear Dinsdale, Peter,

so if you say you have nothing relating to the law that a human of
flesh and blood has to pay community charge then how can you
prosecute for non payments .as you should know that statutes need
consent to be abided by
you quote that "I am advised that the Local Government Finance Act
1992 requires you to
pay council tax."this is a act not a law i asked for the law if you
force humans to pay then you should be able to justify it by
quoting the law that states we as humans must pay a set amount of
so called moneys every year to your establishment.may i also remind
you to refer to me as gary of the smith family as i do not claim a
tital that you are referring to me as mr smith

Yours faithfully,without ill will, vexation or frivolity

gary of the smith family
without prejudice and with all unalienable rights and powers
reserved

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From: Dinsdale, Peter
Newcastle upon Tyne City Council

18 March 2010

Dear Mr Smith,

I have nothing further to add to my previous response.

Regards,

Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038

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From: Dinsdale, Peter
Newcastle upon Tyne City Council

8 April 2010

Dear Mr Smith,

I've seen on the whatdotheyknow.com website that this request is still
marked as 'Awaiting Internal Review'. I just wanted to confirm to you
that we will not be able to conduct an internal review unless you tell
us what it is that you are unhappy about with our original response.

As you may be aware, the Freedom of Information Act only allows you to
request access to information held by us in recorded form. As previously
explained, we do not hold any information that is relevant to your
request. Any of your other queries are requests for opinion or advice
and therefore are not valid requests under the Freedom of Information
Act. I will not be adding anything to my previous comments on these
other queries.

Regards,

Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038

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From: gary smith

19 April 2010

Dear Dinsdale, Peter,
the reason for a internal review is you have failed to provide the
information requested
i asked for you to provide me with a copy of the law that shows me
as a human has to pay your council tax ,you failed to provide the
written evidence ,is that to say you dont have a copy of it or does
it excist

Yours faithfully,without ill will, vexation or frivolity

gary of the smith family
without prejudice and with all unalienable rights and powers
reserved

Link to this

From: Dinsdale, Peter
Newcastle upon Tyne City Council

20 April 2010

Dear Mr Smith,

Just to clarify: we do not hold any information on a law that requires
you to pay council tax other than the statutes mentioned in our initial
response. We can't provide you with something that we do not hold.

There is no other information that we can give you on this. We cannot
conduct an internal review on the basis that you appear to believe that
statutes do not apply to you. This falls outside of the scope of the
Freedom of Information Act.

If you want to find out about the law around council tax I suggest you
contact the government department that is responsible for this area of
law - Communities and Local Government (www.communities.gov.uk). They
may be able to advise you on the law that requires you to pay council
tax.

Finally, I do not intend to set up an internal review into our handling
of this request unless you are able to explain to me why you think our
response was incorrect under the Freedom of Information Act.

Regards,

Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038

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From: gary smith

22 April 2010

Dear Dinsdale, Peter,

thank you for your help and reply

Yours faithfully,without ill will, vexation or frivolity

gary of the smith family
without prejudice and with all unalienable rights and powers
reserved

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Things to do with this request

Anyone:
Newcastle upon Tyne City Council only: