Council tax documentation

Tyrone Armatage made this Rhyddid Gwybodaeth request to Wigan Metropolitan Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Wigan Metropolitan Borough Council.

Dear Wigan Metropolitan Borough Council,

Hi, If a liability order was granted by the courts for non payment of council tax, where can an individual obtain a copy of the order? I don't mean a copy of the letter stating that the liability order was granted. I mean a physical paper copy of the actual liability order.
Could one simply visit the council tax department at the town hall to obtain a copy?

Incidentaly, The magistrates courts who gave the council permission to produce the orders dont hold copies of 'any' liability orders.

Yours faithfully,

Tyrone Armatage

Wigan Metropolitan Borough Council

Please quote ID 5872 on all correspondence
Dear Tyrone
I am emailing to confirm the receipt of your recent FOI request to Wigan
Council. This has been logged and will be forwarded to the relevant
department for action.  Once the FOI team has received a response from the
relevant department it will be forwarded to you.
We will respond as soon as possible and in any case no later than 25th
August 2017, which is 20 working days after the receipt of your request.
If you have any comments or questions in the meantime, please direct them
to [1][Wigan Council request email], or to Complaints and Information Team,
Resources Directorate, Wigan Council, PO Box 100, WN1 3DS
The Council does not charge for most FOI requests, but charges may be made
for actual disbursements incurred such as photocopying, printing, postage
and packaging, and only if these charges amount to more than £20.00. If a
charge is to be made, confirmation of the payment due will be given before
the information is provided and payment may be requested prior to the
provision of the information.
Your contact is Kath MacDonald.
Regards
Freedom of Information
Resources Directorate
Wigan Council, PO Box 100
Town Hall, Library Street, Wigan WN1 3DS
[2]www.wigan.gov.uk
[3]www.twitter.com/wigancouncil
[4]www.facebook.com/WiganCouncilOnline
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Wigan Metropolitan Borough Council

Dear Sir
I am writing to respond to your freedom of information request recently
received. This request has been handled under the Freedom of Information
Act 2000.

The response to your request is detailed below.

* If a liability order was granted by the courts for non-payment of
council tax, where can an individual obtain a copy of the order?  I
don't mean a copy of the letter stating that the liability order was
granted. I mean a physical paper copy of the actual liability order.

 
Could one simply visit the council tax department at the town hall to
obtain a copy?
 
 
At the hearing at Wigan & Leigh Magistrates Court, Wigan Council submits a
list of people who have been summoned to appear on that day. For each case
the list gives details of:
 

* Name of liable party
* Property address
* Contact address (if different)
* Council Tax Reference number
* Liability period
* Summons value
* Payments received
* Costs incurred
* Outstanding balance

 
The application for liability orders is a bulk application which includes
all cases shown on the list (it does not include any cases withdrawn). The
liability order document, which is signed by the lead magistrate, shows
the total number of liability orders granted on the day of the hearing.
 
Liability Orders are not issued on an individual basis
 
If an individual requested a copy of their individual entry on the above
list, or a copy of the signed liability order in their case, then, upon
receipt of photo ID and the relevant payment, this would be processed as a
Subject Access Request under the Data Protection Act .  Attached is a link
to how to submit a Subject Access Request to Wigan Council
 
[1]https://www.wigan.gov.uk/Council/DataPro...
If you are unhappy with any aspect of this response, an independent senior
officer will review this decision. If you are not satisfied with our
response you must put your complaint in writing within 40 working days of
receipt of this response giving the reasons for your complaint.  You can
either email [2][Wigan Council request email] or write to the Freedom of
Information at the address below.
You can also complain to the Information Commissioner, who is the
regulator for Freedom of Information. His website is
[3]https://ico.org.uk/ and his helpline number is 0303 1231113.
His staff may ask you to exhaust our internal complaints procedure if you
choose to complain to his office now.
Kind Regards
Freedom of Information
Legal Services - Resources Directorate
Wigan Council, PO Box 100
Town Hall, Library Street, Wigan WN1 3DS
[4]www.wigan.gov.uk
[5]www.twitter.com/wigancouncil
[6]www.facebook.com/WiganCouncilOnline
 
 
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Dear Wigan Metropolitan Borough Council,

Thank you for the reply in which you stated "Liability Orders are not issued on an individual basis".
I understand that a 'list' is signed by the courts but this is just a list. Surely if a liability order isnt issued to an individual then it doesnt exist?

You also stated "The application for liability orders is a bulk application which includes all cases shown on the list (it does not include any cases withdrawn). The liability order document, which is signed by the lead magistrate, shows the total number of liability orders granted on the day of the hearing."

Please provide me with your definition of a "Lead Magistrate" as it is a term Im not familiar with.

By law each individual case must be 'viewed and judged' on its own merit, not by flicking through a 'list' of names and signing a list.
Therefore, please provide me with the name of 'The lead Magistrate' as I would like to call the court for confirmation that he/she is acting lawfully.

Yours faithfully,

Tyrone Armatage

Dear Wigan Metropolitan Borough Council,

You are late with your response and are breaking the law. Please respond immediately.

Yours faithfully,

Tyrone Armatage

Dear Wigan Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Wigan Metropolitan Borough Council's handling of my FOI request 'Council tax documentation'.

As you deliberately refused to provide the information in my response to your reply to my original request I shall try once more.

Thank you for the reply in which you stated "Liability Orders are not issued on an individual basis".
I understand that a 'list' is signed by the courts but this is just a list. Surely if a liability order isnt issued to an individual then it doesnt exist?

You also stated "The application for liability orders is a bulk application which includes all cases shown on the list (it does not include any cases withdrawn). The liability order document, which is signed by the lead magistrate, shows the total number of liability orders granted on the day of the hearing."

Please provide me with your definition of a "Lead Magistrate" as it is a term Im not familiar with.

By law each individual case must be 'viewed and judged' on its own merit, not by flicking through a 'list' of names and signing a list.
Therefore, please provide me with the name of 'The lead Magistrate' as I would like to call the court for confirmation that he/she is acting lawfully.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Tyrone Armatage

Wigan Metropolitan Borough Council

Dear Sir

Further to our response to the above numbered FOI request, and following your request for clarification we don’t hold recorded information to answer your request but can inform you that court applications for Liability Orders are usually heard by either a stipendiary magistrate acting on their own, or a lay bench of magistrates – which would usually consist of 3 magistrates. The magistrate that sits in the middle is known as the ‘Chairperson’ and the other magistrates sit either side.

So in our response to FOI_5872 when we refer to the ‘Lead Magistrate’ we are referring to the Chairperson on the bench, or the Stipendiary Magistrate if appropriate. The bench or the Stipendiary Magistrate may be different from application hearing to application hearing. Hearings may also be heard by a District Judge at the courts demand.

If further clarification or information is needed I suggest that you contact the magistrates court.

May I take this opportunity to apologise for the delay in responding to your request, this is due to the high volumes currently being received.

Kind Regards
Freedom of Information
Legal Services - Resources Directorate
Wigan Council, PO Box 100
Town Hall, Library Street, Wigan WN1 3DS
www.wigan.gov.uk
www.twitter.com/wigancouncil
www.facebook.com/WiganCouncilOnline

As a public body, the Council may be required to disclose this email or any response to it under the Freedom of Information Act 2000 unless the information in it is covered by one of the exemptions in the Act.
This email together with any files transmitted with it are confidential and intended solely for the use of the individual to whom they are addressed. The information may be covered by legal professional privilege. Do not copy, disclose or distribute the information. If you are not the addressee, please contact the sender and immediately delete this email and any attachments'
Please don't print this e-mail unless you really need to.


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This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom
they are addressed. If you have received this email in error please
notify the system manager.

Email may be automatically logged, monitored and/or recorded
for legal purposes.

As a public body, the Council may be required to disclose this
email or any response to it under the Freedom of Information
Act 2000 unless the information in it is covered by one of the
exemptions in the Act.

This footnote also confirms that this email has been swept for
the presence of computer viruses.

______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

Dear Wigan Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Wigan Metropolitan Borough Council's handling of my FOI request 'Council tax documentation' where you replied... "Further to our response to the above numbered FOI request, and following your request for clarification we don’t hold recorded information to answer your request"

I hold evidence that you do hold recorded information that I requested.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Tyrone Armatage

Wigan Metropolitan Borough Council

Dear Sir,

I acknowledge receipt of your email. As your original request was made under FoI and dealt with by that process, and you are unhappy with the response then, in accordance with the FoI Act, section 45 - Code of Practice, we need to escalate this to a Senior Officer Review. If you remain unhappy following the senior officer review you can then complain to the Information Commissioner. But, if you were to do so now the Information Commissioner will you refer back to us to exhaust our procedures.

ICO guidance is that the review is carried out by a Senior Officer not involved in the original request and that the review take no longer than 20 working days in most cases, or 40 in exceptional circumstances.

Regards,

Freedom of Information
Legal Services - Resources Directorate
Wigan Council
P.O. Box 100, Town Hall, Library Street, Wigan WN1 3DS

www.wigan.gov.uk
www.twitter.com/wigancouncil
www.facebook.com/WiganCouncilOnline


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This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom
they are addressed. If you have received this email in error please
notify the system manager.

Email may be automatically logged, monitored and/or recorded
for legal purposes.

As a public body, the Council may be required to disclose this
email or any response to it under the Freedom of Information
Act 2000 unless the information in it is covered by one of the
exemptions in the Act.

This footnote also confirms that this email has been swept for
the presence of computer viruses.

______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

Wigan Metropolitan Borough Council

1 Atodiad

Dear Mr T Armatage

 

Your request for an internal review regarding your FOI submission dated
28/07/17 has been passed to me.

 

I note on your request for a review you state that ‘I hold evidence that
you do hold recorded information that I requested’

 

In order that I can complete the review I would be grateful if you could
clarify this statement and the evidence available to support this.

 

Should you wish to discuss this matter or require any further information
please do not hesitate to contact me.

 

Regards

Alison Kenyon

 

 

 

Alison Kenyon
Principal Auditor
Resources
Wigan Council
Town Hall, Library Street, Wigan WN1 1YN
01942 827589 (internal 2589)
[1]www.wigan.gov.uk
[2]www.twitter.com/wigancouncil
[3]www.facebook.com/WiganCouncilOnline

[4]http://www.wigan.gov.uk/pub/images/logoe...

 

 

 

 

>>Corporate Logo<<
>>Corporate Disclaimer<<
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom
they are addressed. If you have received this email in error please
notify the system manager.

Email may be automatically logged, monitored and/or recorded
for legal purposes.

As a public body, the Council may be required to disclose this
email or any response to it under the Freedom of Information
Act 2000 unless the information in it is covered by one of the
exemptions in the Act.

This footnote also confirms that this email has been swept for
the presence of computer viruses.
______________________________________________________________________
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Dear Wigan Metropolitan Borough Council,

You delay tactics have now worn thin.
Please provide me with the documentation (proof) I requested within 7 days or this file will be forwarded to the ICO.
Its your choice.

Yours faithfully,

Tyrone Armatage

Wigan Metropolitan Borough Council

2 Atodiad

Mr Armatage

 

Please find attached response to your request for an internal review.

 

Regards

Alison Kenyon

 

Alison Kenyon
Principal Auditor
Resources
Wigan Council
Town Hall, Library Street, Wigan WN1 1YN
01942 827589 (internal 2589)
[1]www.wigan.gov.uk
[2]www.twitter.com/wigancouncil
[3]www.facebook.com/WiganCouncilOnline

[4]http://www.wigan.gov.uk/pub/images/logoe...

 

 

 

 

>>Corporate Logo<<
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This email and any files transmitted with it are confidential and
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they are addressed. If you have received this email in error please
notify the system manager.

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As a public body, the Council may be required to disclose this
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This footnote also confirms that this email has been swept for
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______________________________________________________________________
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