Council Tax Liability Orders, Summons, Cost and Calculations

Response to this request is long overdue. By law, under all circumstances, North Somerset Council should have responded by now (details). You can complain by requesting an internal review.

Dear North Somerset Council.

1. Who is/was the person, officer, department or outside company who drew up the staffing costs and calculations which are approved by the magistrates for council tax summonses & liability orders for the last 5 years.

2. As there are no debt judgements for Council Tax made through Magistrates Court if summons to court and, there is no liability order, how does the Council or Magistrates substantiate the debts exists.

3. The Council Tax (Adminstration and Enforcement) (Amendment) (No. 2) (England) Regulations 2003 Schedule Form A ways originally provided to draw up liabilities Orders but on 1st October 2003 this was removed in law and without any written record from a magistrates the council has remain incapable of independent verification. Furthermore, if no stamp with a seal on a liability order (Form A) is not drawn up individually that’s not provided/issued by the magistrate court then please provide the body of law of a signed certificate attached to a list of non payments of council tax with the process and enforcement that complys with billing of The Council Tax (Administration and Enforcement) Regulations and Local Government Finance Act 1992.

4. Please provide the body of law that confirms Magistrates Criminal Procedure Rules (CPR) does not apply to council tax liability orders.

Yours faithfully,

Jane

FoI, North Somerset Council

Good morning

In accordance with the requirements of the Freedom of Information Act, in order for a request to be valid, it must contain the requester's real name. As a minimum, this means a first initial and surname (paragraph 25 of the Information Commissioner's Office guidance https://ico.org.uk/media/for-organisatio...). Please, therefore, could you confirm your surname, so that we may process your request.

If we do not hear from you by 22 January 202, we will assume you no longer wish to proceed with your request, and consider it to be closed.

Many thanks

Lynsey Wilson
Information Governance Manager
North Somerset Council

Tel: 01275 885117
Email:[email address]
Post: Town Hall, Walliscote Grove Road, Weston-super-Mare, BS23 1UJ
Web:www.n-somerset.gov.uk

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Dear Lynsey Wilson

My name is Jane Bishop.

Yours sincerely,

Jane

North Somerset Council

Information request
Our reference: 2755048

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NOTE: Please do not edit the subject line when replying to this email.
Dear Ms Bishop
 
Freedom of Information Act 2000
 
Thank you for your request regarding 'Council tax liability orders,
summons, cost and calculations', made under the Freedom of Information Act
2000.
 
Your request has been allocated reference 2755048 and we will respond by
the 20th working day, which is on 11 February 2020.  Please quote this
reference in any correspondence with us relating to this matter.
 
If you wish to know how we will use your personal data, please read our
privacy notices available at
https://www.n-somerset.gov.uk/privacy-co...
 
Many thanks
 
Lynsey Wilson
Information Governance Manager
North Somerset Council
Tel: 01275 885117
Email: [email address]
Web: [1]www.n-somerset.gov.uk

References

Visible links
1. file:///tmp/www.n-somerset.gov.uk

North Somerset Council

1 Attachment

Information request
Our reference: 2755048

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Dear Ms Bishop
 
Thank you for your request for information received on 15 January 2020.
 
Please find attached our response to your request.
 
Many thanks
 
Lynsey Wilson
Information Governance Manager
North Somerset Council
Tel: 01275 885117
Email: [email address]
Web: [1]www.n-somerset.gov.uk
 

NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. file:///tmp/www.n-somerset.gov.uk

Dear Ms Lynsey Wilson

Dear Lynsey Wilson

Thank you for your repose to questions one. However you have not provided the information to questions 2, 3, 4. It is noted you are bypassing your obligation in office provide the information I require and your response is misleading. Without prejudice I remind you in office you have a obligation to provide the information I have requested under the Freedoms of Information Act 2000. To suggest my request is questioning the council or making a request for the processes and decisions is misleading and without prejudice. please direct where in 2-3-4 I request for ‘process’ or ‘decisions’ as you claim.

Updated. (2.) As there are no debt judgements for Council Tax made through Magistrates Court (fact). If summons to court and, there is no liability order, please provide the body of law that’s complies with billing of The Council Tax (Administration and Enforcement) Regulations and Local Government Finance Act 1992 in how North Somerset Council substantiate the debts exists.

Updated. (3)The Council Tax (Adminstration and Enforcement) (Amendment) (No. 2) (England) Regulations 2003 Schedule Form A, ways originally provided to draw up liabilities Orders but on 1st October 2003 this was removed in law and without any written record from a magistrates the council has remain incapable of independent verification (fact). Furthermore, if no stamp with a seal on a liability order (Form A) is not drawn up individually and is not provided/issued by the magistrate court (fact) then please provide the body of law of the process of signed certificate attached to a list of non payments of council tax that complys with billing of The Council Tax (Administration and Enforcement) Regulations and Local Government Finance Act 1992

Updated. 4. Please provide the body of law that confirms Magistrates Criminal Procedure Rules (CPR) does not apply to council tax liability orders and billing of The Council Tax (Administration and Enforcement) Regulations and Local Government Finance Act 1992

I direct you to the GUIDE TO THE MAGISTRATES’ COURTS (AMENDMENT) RULES 2019 (S.I. 2019/1367)

‘The Rule does not apply to liability orders, for example in council tax enforcement’.

https://www.justice.gov.uk/courts/proced...

Yours faithfully

Jane Bishop

Yours sincerely,

Jane

North Somerset Council

Good afternoon Ms Bishop
 
The service area have confirmed that any applications to the Magistrates
Court are subject to the scrutiny of the court.  The Magistrates have
accepted what we do, so they would have to be satisfied that what we have
done is correct before issuing liability orders.
 
If you dispute that we are acting lawfully, I would suggest you would be
better raising this with the Magistrates Court.
 
Many thanks
 
Lynsey

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[disclaimer]

Dear Ms Lynsey Wilson

Dear Lynsey Wilson

Thank you for your repose to questions one. However you have not provided
the information to questions 2, 3, 4. It is noted you are bypassing your
obligation in office provide the information I require and your response
is misleading. Without prejudice I remind you in office you have a
obligation to provide the information I have requested under the Freedoms
of Information Act 2000. To suggest my request is questioning the council
or making a request for the processes and decisions is misleading and
without prejudice. please direct where in 2-3-4 I request for 'process' or
'decisions' as you claim.

Updated. (2.) As there are no debt judgements for Council Tax made through
Magistrates Court (fact). If summons to court and, there is no liability
order, please provide the body of law that's complies with billing of The
Council Tax (Administration and Enforcement) Regulations and Local
Government Finance Act 1992 in how North Somerset Council substantiate the
debts exists.

Updated. (3)The Council Tax (Adminstration and Enforcement) (Amendment)
(No. 2) (England) Regulations 2003 Schedule Form A, ways originally
provided to draw up liabilities Orders but on 1st October 2003 this was
removed in law and without any written record from a magistrates the
council has remain incapable of independent verification (fact).
Furthermore, if no stamp with a seal on a liability order (Form A) is not
drawn up individually and is not provided/issued by the magistrate court
(fact) then please provide the body of law of the process of signed
certificate attached to a list of non payments of council tax that complys
with billing of The Council Tax (Administration and Enforcement)
Regulations and Local Government Finance Act 1992

Updated. 4. Please provide the body of law that confirms Magistrates
Criminal Procedure Rules (CPR) does not apply to council tax liability
orders and billing of The Council Tax (Administration and Enforcement)
Regulations and Local Government Finance Act 1992

I direct you to the GUIDE TO THE MAGISTRATES' COURTS (AMENDMENT) RULES
2019 (S.I. 2019/1367)

'The Rule does not apply to liability orders, for example in council tax
enforcement'.

https://www.justice.gov.uk/courts/proced...

Yours faithfully

Jane Bishop

Yours sincerely,

Jane

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Dear Ms Lynsey Wilson

I direct you to the 7 principles of public life.
https://www.gov.uk/government/publicatio...

Ms Wilson this is the second time you have mislead me and not provided the information I require. You have a obligation in office to provide the information to 2, 3, 4 and respond in way not to cause a prevarication.

I do not require the process or decisions or dispute so please stop misleading me to bybass not providing the recorded information to the public pertaining to 2-3-4.

Your sincerely

Jane.

North Somerset Council

Dear Ms Bishop
 
I believe that I have responded to your request for information in
accordance with the requirements of the Freedom of Information Act.  If
you disagree with my handling of your request, your original response
letter details the escalation route, that being the request for an
internal review.  Alternatively, you may wish to contact the service area
directly, who may be able to provide you with further clarification
outside of the Freedom of Information process.
 
I know that the What Do They Know portal automatically redacts email
addresses, so if you did want to contact the service area directly, I
would recommend contacting Customer Services through the North Somerset
Council website:
[1]https://forms.n-somerset.gov.uk/ad/form/...
 
Kindest regards
 
Lynsey

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[disclaimer]

Dear Ms Lynsey Wilson

I direct you to the 7 principles of public life.
https://www.gov.uk/government/publicatio...

Ms Wilson this is the second time you have mislead me and not provided the
information I require. You have a obligation in office to provide the
information to 2, 3, 4 and respond in way not to cause a prevarication.

I do not require the process or decisions or dispute so please stop
misleading me to bybass not providing the recorded information to the
public pertaining to 2-3-4.

Your sincerely

Jane.

show quoted sections

Dear Lynsey Wilson

Without prejudice If you believe you have responded to my FOI then please direct where in the correspondence you have provided the recorded information 2-3-4.

I direct you to The Freedom of Information Act 2000 (the Act) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received. Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a FOI request would be for recorded statistics, but not legal advice.

It should have not taken you to mislead me by your correspondence to bypass your obligation in office to not provide the record information 2-3-4.

You have a obligation in office to provide the information 2-3-4 and upload my general correspondence to my FOI Ref 2755048 on the conditions I will have no rights to a review under the FOI regulations. I look forward to you responding
2-3-4 outside the regulations as ‘general correspondence’. once the general correspondence is uploaded to Ref 2755048 I will happy to close my FOI.

I further direct you where you state “The service area have confirmed that any applications to the Magistrates
Court are subject to the scrutiny of the court”

Every local authority of England and Wales have and agreement with magistrates courts to use court facilities and premises to deal with council tax issues but does not under the authority of HMCTS. Please see https://www.whatdotheyknow.com/request/6...

NSC summons members of the public to court using summons non-payment of council tax which is generated by the council and not a court or (magistrates). This is is why Members of the public are not being served with proceedings issued against them by the county courts or magistrates. It may be also helpful to know the magistrates court does not list cases by using a ‘account reference numbers’ as in case of North Somerset Council sendings its own summons and liability orders. The courts list cases using case numbers and this can be verified by the courts systems by a copy of sealed order issued by the courts. A application to magistrates court for non payment of council tax is not a proof of proceedings where documents are served by Courts pertaining to a service.

I look forward to your replay outside the FOI as a genaral correspondence 2-3-4 . Once the genral correspondence has been uploaded to FOI Ref 2755048 I will be happy to close my request.

Yours sincerely

Jane