Council tax enforcement

Tyrone Armatage made this Freedom of Information request to Bradford City Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Bradford City Council.

Dear Bradford City Council,

Please confirm the following in regards to Council tax enforcement.

The Liability orders for council tax debt are 'issued' - can you confirm if they are issued by Bradford Magistrates Court or Bradford City Council?

Can you confirm if the liability orders issued - exist as a 'physical piece of paper'?

If not - please confirm in what way and means they are 'issued'?

Can you confirm if the liability orders issued - are sent out to each alleged debtor?

Can you confirm that the issuing of the liability orders is a judicial or administration function?

Can you confirm that a 'justice of the peace' must sign each Liability order?

Can you confirm that under current legislation the Justice of the Peace must be identifiable when they sign?

Can you confirm that the identifiable, justice of the peace, who signs the liability orders actually work for the council or do they work for the court?

Can you confirm if Bradford City Council has [or has had] a 'Court Officer' title or role?

If so can you confirm if this was a judicial appointment or a title given to an employee by Bradford City Council?

The hearings for Liability orders in Magistrates courts are civil procedures; can you confirm that these hearings are heard and run under HMCTS / CPR rules and jurisdiction and that they apply in these hearings?

Can you confirm if the hearings for council tax liability orders are heard under the authority of the Queen's Privy Council or the Kings?

As council tax is a civil matter; which is enforced in a criminal venue [magistrates court] - can you confirm where exactly the 'conversion' occurs for non payment of council tax; enabling the Council [a corporation] to put a man [human being] in Jail for non payment of a civil alleged debt?

Please confirm if someone wanted to appeal against an issued Council Tax liability order; they would need to get the permission of the Council first before doing so?

Are the council or court obligated to anyone to notify them of the judicial route of appeal for a council tax liability order?

Can you confirm if there is a 'contract' for Council Tax

Yours faithfully,

Tyrone Armatage

Council Tax, Bradford City Council

Dear Sir
 
Freedom of Information Act 2000
Reference no: [insert Ref]
 
I refer to your request dated 20 September 2017 under the Freedom Of
Information Act asking to supply the following information:
 
Dear Bradford City Council,
 
Please confirm the following in regards to Council tax enforcement.
 
The Liability orders for council tax debt are 'issued' - can you confirm
if they are issued by Bradford Magistrates Court or Bradford City Council?
 
Can you confirm if the liability orders issued - exist as a 'physical
piece of paper'?
 
If not - please confirm in what way and means they are 'issued'?
 
Can you confirm if the liability orders issued - are sent out to each
alleged debtor?
 
Can you confirm that the issuing of the liability orders is a judicial or
administration function?
 
Can you confirm that a 'justice of the peace' must sign each Liability
order?
 
Can you confirm that under current legislation the Justice of the Peace
must be identifiable when they sign?
 
Can you confirm that the identifiable, justice of the peace, who signs the
liability orders actually work for the council or do they work for the
court?
 
Can you confirm if Bradford City Council has [or has had] a 'Court
Officer' title or role?
 
If so can you confirm if this was a judicial appointment or a title given
to an employee by Bradford City Council?
 
The hearings for Liability orders in Magistrates courts are civil
procedures; can you confirm that these hearings are heard and run under
HMCTS / CPR rules and jurisdiction and that they apply in these hearings?
 
 
Can you confirm if the hearings for council tax liability orders are heard
under the authority of the Queen's Privy Council or the Kings.
 
 
As council tax is a civil matter; which is enforced in a criminal venue
[magistrates court] - can you confirm where exactly the 'conversion'
occurs for non payment of council tax; enabling the Council [a
corporation] to put a man [human being] in Jail for non payment of a civil
alleged debt?
 
Please confirm if someone wanted to appeal against an issued Council Tax
liability order; they would need to get the permission of the Council
first before doing so?
 
Are the council or court obligated to anyone to notify them of the
judicial route of appeal for a council tax liability order?
 
 
Can you confirm if there is a 'contract' for Council Tax
 
Yours faithfully,
 
Tyrone Armatage
 
 
The Council’s response is set out below:
 
The Liability orders for council tax debt are 'issued' - can you confirm
if they are issued by Bradford Magistrates Court or Bradford City Council?
 
The Magistrates grant Liability Orders giving Bradford Council the
recovery powers to collect unpaid Council Tax. Bradford Council then send
out notifications informing citizens that a Liability Order has been
granted by the Magistrates court.
 
Can you confirm if the liability orders issued - exist as a 'physical
piece of paper'?
 
A Liability Order is a legal demand for payment
 
If not - please confirm in what way and means they are 'issued'?
 
A citizen is informed of a Liability Order by a notice been sent to them
after the Liability Order hearing
 
Can you confirm if the liability orders issued - are sent out to each
alleged debtor?
 
Yes
 
Can you confirm that the issuing of the liability orders is a judicial or
administration function?
 
A judicial function, done in open court by a bench of magistrates to which
the debtor has been invited to attend and generally they have not done so
 
Can you confirm that a 'justice of the peace' must sign each Liability
order?
 
They do not have to sign each Liability Order
 
Can you confirm that under current legislation the Justice of the Peace
must be identifiable when they sign?
 
If an enquiry is made to the court which magistrates adjudicated on the
applications that information can be provided if we are told the date on
which the order was granted
 
Can you confirm that the identifiable, justice of the peace, who signs the
liability orders actually work for the council or do they work for the
court?
 
For the court
 
Can you confirm if Bradford City Council has [or has had] a 'Court
Officer' title or role?
 
Yes
 
If so can you confirm if this was a judicial appointment or a title given
to an employee by Bradford City Council?
 
Title given by the council, with powers authorised by the courts, to
represent the Council at Court
 
The hearings for Liability orders in Magistrates courts are civil
procedures; can you confirm that these hearings are heard and run under
HMCTS / CPR rules and jurisdiction and that they apply in these hearings?
 
The proceedings are undertaken under the Civil procedure Rules and the
relevant legislation.  There is no such thing as HMCTS rules.
 
Can you confirm if the hearings for council tax liability orders are heard
under the authority of the Queen's Privy Council or the Kings.
Neither, they are conducted under the relevant statute and that depends on
whether the liability order is granted for domestic or non-domestic
council tax / rates
 
As council tax is a civil matter; which is enforced in a criminal venue
[magistrates court] - can you confirm where exactly the 'conversion'
occurs for non payment of council tax; enabling the Council [a
corporation] to put a man [human being] in Jail for non payment of a civil
alleged debt?
 
Please look at the legislation.  Parliament has given magistrates courts
civil jurisdiction over an wide range of areas.
 
Please confirm if someone wanted to appeal against an issued Council Tax
liability order; they would need to get the permission of the Council
first before doing so?
 
If someone wishes to appeal a Liability Order then they can contact the
Magistrates court direct.
 
Are the council or court obligated to anyone to notify them of the
judicial route of appeal for a council tax liability order?
 
No there is a legal presumption in the law that everyone knows what the
law is and must comply with it.  That said the correct route for an appeal
against the grant of a liability order is by seeking the court to ‘state
its case’ [why they made their decision where the challenge is either that
there was no legal foundation for the decision they made, or they acted in
a way no reasonable bench properly advised as to the law would do]  known
as a Case Stated, an application that must be made to the High Court. 
Where such an application is made the court can refuse to state their case
until the applicant has entered into a recognisance to actively pursue
their application and to be bound in a sum of money to at least equal any
costs that could be awarded against them should their application fail. 
Generally around £7,500 is required but could be a lot higher [not an
actual payment of that sum up front, a signed and witnessed  promise to
pay it in they do not comply with the recognisance, of if the court awards
costs against them if their application fails.]
 
Can you confirm if there is a 'contract' for Council Tax
 
All Council Tax is collected and administered in accordance with the Local
Government Finance Act 1992
 
In accordance with the Freedom of Information Act, if you are not
satisfied with the reply to your request you can ask for a review. A
request for a review must be submitted within 40 working days by
contacting [Bradford City Council request email] or by writing Information Governance Team,
Bradford Metropolitan District, 5th Floor, Britannia House,Hall Ings,
Bradford, West Yorkshire, BD1 1HX.
 
If you are still not satisfied with the outcome of the internal review you
have the right of appeal to the Information Commissioner who can be
contacted at: Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545700       URL: [1]http://www.informationcommissioner.gov.uk
 
Yours sincerely
 
R Parker
Revenues and Benefits Service
 
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References

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2. http://www.bradford.gov.uk/foi

Dear Council Tax,

In reply to my recent foi request "Can you confirm if the liability orders issued - are sent out to each
alleged debtor? "

To which you replied "Yes"

I have spoken with the courts who infirm me that Liability Orders do not exist in pysical form yet you informed me that they do.

Please explain yourselves.

Yours sincerely,

Tyrone Armatage

Dani Mistry, Bradford City Council

Dear Tyrone Armatage,

 

I refer to your email dated 26 October 2017 asking to explain our selves
regards the response to your Freedom of Information request.

 

This is not a request for information but is seeking explanation and so
falls outside of the terms of the FOI Act

 

For clarification, the Freedom of Information Act: Applies to
documentation or electronic data held by a public body i.e. a concrete  
piece of information, not an opinion, an explanation or a view;   and
obliges public bodies to disclose that information, unless one of the
exemptions detailed in the legislation is applicable.

 

The Council will respond to the matters further.  

 

If you are still not satisfied with the our response you have the right of
appeal to the Information Commissioner who can be contacted at: The
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,

Cheshire, SK9 5AF. Phone: 0303 123 1113 Website: [1]www.ico.gov.uk  

 

Yours sincerely

 

Dani

 

Miss Dani Mistry

Information Governance Officer

City of Bradford Metropolitan District Council – Department of Corporate
Services

1st Floor Britannia House, Hall Ings, Bradford BD1 1HX

Tel: 01274 434139

 

For Freedom of Information requests, please visit our website
http://www.bradford.gov.uk/foi before you submit a request as you may find
the information and data that you want in the data that we already publish
in our Publication Scheme.  The Scheme has a significant amount of
information which is available to you, without the need for a specific
request, and describes how we work and how to obtain information published
by our various departments.

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must not disclose, distribute, copy, print or rely on any of the
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therefore carry out your own anti-virus checks before opening any
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Please consider the environment before printing this email

 

Dear Bradford City Council,

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

I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Council tax enforcement'.

In reply to my recent foi request "Can you confirm if the liability orders issued - are sent out to each
alleged debtor? "

To which you replied "Yes"

I have spoken with the courts who inform me that Liability Orders do not exist in pysical form yet you informed me that they do.

Please explain why you attempted to mislead me by lying blatantly.

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

Dani Mistry, Bradford City Council

Dear Mr Armatage

 

Further to your email dated 30^th October 2017 asking again for a review
of the Council tax enforcement and to explain why the Council attempted to
mislead you by lying blatantly?

 

Having considered your FOI requests again regards Council tax enforcement,
I have conclude that the request falls outside the FOI Act and that the
Council’s response provided on 26^th October was appropriate, therefore we
will not be responding to this matter any further and applying S14 of the
FOI Act

 

Under section 14(2) of the FOI Act public authorities are not required to
comply with repeated requests for the same information from the same
person if the Council has already responded.

 

I set out below section 14 (1) and (2) FOI for you information in italics.

 

14. (1) Section (1) does not oblige a public authority to comply with a
request for information if the request is vexatious.

(2) Where a public authority has previously complied with a request for
information which was made by any person, it is not obliged to comply with
a subsequent identical or substantially similar request from that person
unless a reasonable amount of time has elapsed between compliance with the
previous request and the making of the current request.

 

The On line Oxford English dictionary definition of vexatious is as
follows:- ‘Causing or tending to cause annoyance, frustration, or worry’

 

The Council has provide a response , I think that it is fair to say that
your repeated requests can only be characterised as being vexatious in
nature. In these circumstances the number of request are manifestly
unreasonable. I am concerned that these requests are placing a
disproportionate resource burden on the Council in attempting to deal with
your request, and diverting staff from other matters.

 

The Council will not respond to any further requests from you on this
matter and if you are not satisfied you have the right of appeal to the
Information Commissioner who can be contacted at
Wycliffe House, Water Lane, Wilmslow, 
Cheshire, SK9 5AF. Phone: 0303 123 1113 Website: [1]www.ico.gov.uk

 

Kind regards

 

Dani

 

Miss Dani Mistry

Information Governance Officer

City of Bradford Metropolitan District Council – Department of Corporate
Services

1st Floor Britannia House, Hall Ings, Bradford BD1 1HX

Tel: 01274 434139

For Freedom of Information requests, please visit our website
http://www.bradford.gov.uk/foi before you submit a request as you may find
the information and data that you want in the data that we already publish
in our Publication Scheme.  The Scheme has a significant amount of
information which is available to you, without the need for a specific
request, and describes how we work and how to obtain information published
by our various departments.

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this e-mail has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immedately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail. E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

Please consider the environment before printing this email

 

Please consider the environment before printing this email

 

Dear Dani Mistry,

It would appear that you are now deliberately witholding information, therefore this file will be sent to the ICO today and their findings published.

Yours sincerely,

Tyrone Armatage

Paul BARNS left an annotation ()

Hello,

It has been confirmed from the MoJ that the Council Tax Liability Order that is generated by the council, is NOT a liability order, it is at best a NOTICE of a liability order, it is NOT a court document and does NOT carry the authority of the court. the ONLY place that a copy of a liability order is found is a stamped copy of the court Memorandum of Entry.

If you did not attend the court and your name was in the bulk hearing list along with many others and you call the court and request a copy of the Memorandum of Entry the court will have no record of you and will not be able to issue you with a copy of the Memorandum of Entry and therefor NO liability order will be in existence. The council will not be able to enforce it court ruling, which was obtained using an administration court which is unlawful and in violation of our birthright 1700 Act of Settlement

Pass it on