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have not mutually consented or have withdrawn their consent from a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

angie of the elder family
without prejudice and with all unalienable rights and powers
reserved

Dear Sir/Madam

Thank you for your request for information regarding council tax, which
was received on 27th April, 2009 and is being dealt with under the
Freedom of Information Act 2000. We are therefore required to provide
you with a response within 20 working days, which will be on or before
27th May, 2009.

If we require any clarification or further details, we will contact you
as soon as possible.

In the meantime, if you have any queries, please do not hesitate to
contact me, remembering to quote the reference number above in any
communications.

Yours sincerely

John Tillman

Swyddog Gwybodaeth a Diogelu Data

Adran y Prif Weithredwr

Cyngor Sir Gaerfyrddin

Information & Data Protection Officer

Chief Executive's Department

Carmarthenshire County Council

Tel: (01267) 246108

Mewnol/Internal: 6108

Ffacs/Fax: (01267) 246134

show quoted sections

Dear Madam,

I refer to your request for information regarding Council Tax, which was
received on 27th April, 2009 and has been dealt with under the Freedom of
Information Act 2000.

Firstly, I would explain that the Freedom of Information Act provides a
general right to be told whether or not a public authority holds recorded
information and subject to certain exemptions, be given the information.
It does not require an authority to create new information, provide
comments or answers to questions, unless of course these form part of an
existing record.

I will now respond to your request in the order it was presented using
numbered points as headings for ease of reference and clarity.

1. Evidence of the law (not statute) which states that all humans (as
opposed to persons) are obliged to pay Council Tax.

Whilst I note your views to the contrary, the Local Government Finance Act
1992 alone requires local authorities to collect Council Tax.

A copy of the Act may be obtained via the following link:

[1]http://www.opsi.gov.uk/acts/acts1992/ukp...

No other relevant information is held by the Council.

2. A copy of the law which states that a Council may prosecute a human
being for Council Tax Arrears in order to recover what a Council would
term a debt.

The Council Tax Administration & Enforcement Regulations 1992 may be
accessed via the following link:

[2]http://www.opsi.gov.uk/SI/si1992/Uksi_19...

No other relevant information is held by the Council.

Under Section 21 of the Freedom of Information Act, a public authority is
not obliged to provide information where it is already reasonably
accessible to the applicant, which in this case, is via a government
website as detailed above.

3. A written copy of the procedure used by the Council to validate the
information used to establish the arrears.

Council Tax arrears information is obtained via specific programs within
the Council Tax IT system. There are no documented procedures for
validation.

4. Whether the Council can, upon request provide written evidence for the
arrears (which you refer to a loss) with full financial records and
accounting to back up that debt, along with contracts committing both
parties (the Council and the taxpayer).

All Council Tax accounts detail in full charges due, allowances given,
payments made and balances due and this information can be provided upon
request. Contracts are not held.

5. What process Councils use to distinguish between a human being (of
flesh and blood) and a person for the purposes of threatening prosecution.

None is held.

As I have refused to provide information requested in relation to parts 1
and 2 of your request by virtue of Section 21 of the Freedom of
Information Act, please consider this email to be a formal notice of
refusal under Section 17 of the Act.

If you disagree with this decision or the way in which your request has
been dealt with, you have the right to complain in the first instance to:

 

The Head of Administration & Law

Carmarthenshire County Council

County Hall

Carmarthen

SA31 1JP

 

Email: [3][email address]
  
If you remain unhappy with any subsequent decision, you have the right to
appeal to the Information Commissioner to rule on your complaint.  You
may write to him at:

     
Information Commissioner
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 

If I can be of any further assistance, please do not hesitate to contact
me.

Yours faithfully

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

Mae*r e-bost hwn ac unrhyw atodiadau yn gyfrinachol ac wedi*u bwriadu at
ddefnydd yr unigolyn y*u cyfeiriwyd ato/ati yn unig. Os derbyniwch y neges
hon trwy gamgymeriad, rhowch wybod i*r sawl a*i hanfonodd ar unwaith,
dilëwch y neges o*ch cyfrifiadur a dinistriwch unrhyw gopïau papur
ohoni. Ni ddylech ddangos yr e-bost i unrhyw un arall, na gweithredu ar
sail y cynnwys. Eiddo*r awdur yw unrhyw farn neu safbwynt a fynegir, ac
nid ydynt o reidrwydd yn cynrychioli safbwynt y Cyngor. Dylech wirio am
firysau eich hunan cyn agor unrhyw atodiad. Nid ydym yn derbyn unrhyw
atebolrwydd am golled neu niwed a all fod wedi*i achosi gan firysau
meddalwedd neu trwy ryng-gipio*r neges hon neu ymyrryd â hi.

This e-mail and any attachments are confidential and intended solely for
the use of the individual to whom it is addressed. If received in error
please notify the sender immediately, delete the message from your
computer and destroy any hard copies. The e-mail should not be disclosed
to any other person, nor the contents acted upon. Any views or opinions
expressed are those of the author and do not necessarily represent those
of the Council. You should carry out your own virus check before opening
any attachment. We accept no liability for any loss or damage which may be
caused by software viruses or interception/interruption of this mail.

References

Visible links
1. http://www.opsi.gov.uk/acts/acts1992/ukp...
2. http://www.opsi.gov.uk/SI/si1992/Uksi_19...
3. mailto:[email address]

Dear John Tillman,

Thank you for your response in regards to my request under the
freedom of information Act concerning; which law states humans can
be taxed by councils?

Whilst I appreciate your response I do require a little
clarification of a couple of points you made.

With regards to your explanation that the Freedom of Information
Act provides “a general right to be told whether or not a public
authority holds recorded information and subject to certain
exemptions, be given the information. It does not require an
authority to create new information, provide comments or answers to
questions, unless of course these form part of an existing record”.
I am not aware that I asked you to create new information, unless
you are implying that the information I have requested, namely,
Which Law states humans can be taxed by councils? does not exist
and that in actual fact there is no LAW that states a council can
tax a human being, if that is the case can you confirm or deny that
is the case.

I have on the other hand asked you to provide comments or answers
to questions that do form part of an existing record. Or at least
should be part of an existing record if the collecting of taxes
from human beings is a lawful process.

You stated, in response to my request for evidence of the law (not
a statute) which states that all humans (as opposed to persons) are
obliged to pay council tax, that the Local Government Finance Act
1992 (which is a statute and not a LAW as I requested) alone
require local authorities to collect taxes.

Can you clarify therefore, for my understanding that this
particular statue alone is the only means by which a council is
obliged to collect taxes, and that there are no other means in
force that create the same obligation.

Also under the Local government Finance Act of 1992 where a local
authority is required to collect tax, there is no mention that said
tax can be collected from a direct human self section 6 (1) – (6)
relates to “persons” liable to pay council tax but does not once
mention taxation of a direct human self

According to Black’s law dictionary the definition of “person” in
statute term is a legal representative; a person is a corporation.
A person is the ‘persona’ of a living human being of flesh and
blood in possession of an Immortal soul; a person is NOT a living
human being of flesh and blood with a living immortal soul in
itself, only a legal representative.

Therefore this statue that you have directed me to does not relate
to human beings, only to a legal fiction. In which case it does not
answer my question.

If no other relevant information is held by the council, no council
can collect tax from a direct human self, can you please confirm
this is the case in writing.

In response to question 2 whereby I requested a copy of the LAW
which states that a council may prosecute a human being for council
tax arrears in order to recover what a council would term a debt,
you referred me to Council Tax Administration & Enforcement
Regulations 1992. This is not a law it is a statue that has the
force of law when given the consent of the governed, even so this
act refers only to legal representations otherwise known as
persons, NOT human beings. Is it also true that this statute alone
is the only means in which a council can pursue prosecution?

Here you also state that the council holds no relevant information
which clearly indicates that the council has no authority
whatsoever to prosecute a living breathing human being of flesh and
blood for council tax arrears. Can you please confirm my
understanding of your statement? If not can you please correct my
understanding?

Further you state that under section 21 of the freedom of
information Act, a public authority is not obliged to provide
information where it is already reasonably accessible to the
applicant, which in this case is via a government website, i.e.,
www.opsi,gov.uk. My initial request states that the information
that I seek is not available on this website and I did ask that you
do not redirect me back to a website that does not contain the
information I require. If, as you claim, the information I have
requested is available “reasonably accessibly” elsewhere please
direct me to that site.

Whilst I understand that under the freedom of information act you
are not require to create information, i.e., create a document that
lists the procedures followed in order to establish what
constitutes an arrears, there must be procedures in place for this
process to be carried out whether those procedures are documented
or not. It is reasonable to conclude that these procedures are in
place even if they are just verbally relayed to staff in
circumstances of training colleagues to implement the actions,
therefore on this assumption can you clarify whether or not the
councils’ IT systems have been programmed sufficiently in order to
distinguish between a direct human self and a person?

Under whose authority are both parties bound if no valid contracts
are held between the taxpayer and the council? Do you require
mutual agreement in order to transact? Is the statute only
enforceable if the consenting party ( taxpayer) admits liability?

As you have refused to provide information in relation to parts 1
and 2 of my request by virtue of Section 21 of the Freedom of
Information Act claiming that said information is reasonably
accessible elsewhere, can you clarify in which area you regard the
information to be available, as the sites you directed me to, do
not provide the information requested and the lack of required
knowledge therein are what lead me to making this request in the
first place. Therefore your formal notice of refusal does not apply
in that instance.

Whereas you have supplied “particulars of any procedure the
authority has for dealing with complaints, or a statement that the
authority does not have such a procedure, and must contain
particulars of the right conferred by section 50 (application for a
decision by the Commissioner)” as per section 17 subsection 72(7) I
conclude that your formal notice of refusal relates to subsections
(1)(3), or (5), therefore please confirm whether or not you are;
a) relying on a claim that the duty to confirm or deny does not
arise, or on a claim that the information is exempt information,
gives the applicant notice of that fact, specifying the exemption
in question and stating (if that would not otherwise be apparent)
why the exemption applies
b) you have decided, under section 2, that, in all the
circumstances of the case, the public interest in maintaining the
exclusion of the duty to confirm or deny, or in maintaining the
exemption, outweighs the public interest in disclosing whether the
authority holds the information or in disclosing the information
itself, that authority must state the reasons for its decision or
c) you are relying on a claim that the cost of complying with the
request would exceed the appropriate limit, or that the request is
vexatious or repeated, in which case you must give the applicant
notice of that fact within the time limit set down for complying
with requests.

If you are unable to clarify any of the information given in your
responses and feel that you can elaborate no further on the
information requested i.e. the information I seek is not held
within your capacity please forward this request to the Head of
Administration & law as per your suggestion in the hope that the
points raised can be confirmed or denied in order to further my
knowledge and understanding.

Sincerely Yours, without ill will, vexation or frivolity
Angie: of the elder family
WITHOUT PREJUDICE and with all unalienable rights and powers
reserved

Dear Madam,

Thank you for your email. I feel there are no further comments I can add regarding this matter and that my response to your request was sufficiently clear. This being the case, and as suggested in your email, I am referring this to the Head of Administration & Law to be dealt with as an appeal.

Yours faithfully

John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin

Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council

Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134

show quoted sections

Dear Madam

I refer to your appeal, which was received by us today.

Mr D L Thomas, Head of Administration and Law will now conduct a review of
our initial response to your request and I will be assisting him with that
task.

I expect the matter to be determined or or before Monday 1st June 2009,
but if there is any need to extend that period I will write to you again
and explain any reason for the delay.

Yours sincerely,

Phil Grafton

Mae*r e-bost hwn ac unrhyw atodiadau yn gyfrinachol ac wedi*u bwriadu at
ddefnydd yr unigolyn y*u cyfeiriwyd ato/ati yn unig. Mae*n bosib bod yr
e-bost hefyd yn cynnwys gwybodaeth gyfreithiol freintiedig. Os derbyniwch
y neges hon trwy gamgymeriad, rhowch wybod i*r sawl a*i hanfonodd ar
unwaith, dil*wch y neges o*ch cyfrifiadur a dinistriwch unrhyw gop*au
papur ohoni. Ni ddylech ddangos yr e-bost i unrhyw un arall, na gweithredu
ar sail y cynnwys. Eiddo*r awdur yw unrhyw farn neu safbwynt a fynegir, ac
nid ydynt o reidrwydd yn cynrychioli safbwynt y Cyngor. Dylech wirio am
firysau eich hunan cyn agor unrhyw atodiad. Nid ydym yn derbyn unrhyw
atebolrwydd am golled neu niwed a all fod wedi*i achosi gan firysau
meddalwedd neu trwy ryng-gipio*r neges hon neu ymyrryd * hi. Ni fydd y
Cyngor yn derbyn dogfennau a gyflwynir yn y cyfeiriad e-bost hwn at
ddibenion cyfreithiol, oni chytunir ar hynny yn ysgrifenedig ymlaen llaw
gyda*r sawl sy*n eu hanfon.

This e-mail and any attachments are confidential and intended solely for
the use of the individual to whom it is addressed. This e-mail may also
contain legally privileged information. If received in error please notify
the sender immediately, delete the message from your computer and destroy
any hard copies. The e-mail should not be disclosed to any other person,
nor the contents acted upon. Any views or opinions expressed are those of
the author and do not necessarily represent those of the Council. You
should carry out your own virus check before opening any attachment. We
accept no liability for any loss or damage which may be caused by software
viruses or interception/interruption of this mail. The Council will not
accept service of documents at this e-mail address for legal purposes,
unless agreed in advance in writing with the sender.

Dear Phil: of the Grafton family,

Under the freedom of Information Act this request is currently
overdue a response which means you are breaking the Law.

So, what is your actual penalty then for engagigng in law breaking
activity? Is prosecustion to be enforced as it would be if I were
to "break the law" by not paying council tax, for example?

Although not paying council tax cannot actually be considered or
defined as breaking the law, can it? As, judging by your lack of
response to my reuqest about whether or not there is a law that
states human beings are required to pay council tax, there is no
LAW that sates human beings ARE required to pay any council tax at
all.

I will conclude that your silence constitutes your tacit agreement
and confirmation that there is no law that states human beings are
oblighed to pay council tax, unless of course you can come back to
me and catagorically state, and provide written confirmation that,
yes there is a LAW , not statute , that specifically states that a
human being of flessh and blood and in possession of an immortal
soul is liable and obliged to pay council tax and can be prosecuted
for not doing so, which incidently is the response that I wanted to
my inital question.

Thankyou for yur clarification in this matter

Yours sincerely, without ill will, vexation or frivolity

angie of the elder family

Dear Angie of the Elder Family

I enclose the determination of Mr D L Thomas regarding this matter.

Yours sincerely

P J Grafton

show quoted sections