CPR - Signature of Documents by mechanical means

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Dear Nottingham City Council,

CPR - Signature of Documents by mechanical means

PRACTICE DIRECTION 5A – COURT DOCUMENTS This Practice Direction supplements CPR Part 5

Signature of Documents by mechanical means
1
Where, under rule 5.3, a replica signature is printed
electronically or by other mechanical means on any document, the
name of the person whose signature is printed must also be printed
so that the person may be identified. This paragraph does not apply
to claim forms issued through the Claims Production Centre.

http://www.justice.gov.uk/courts/procedu...

1) Under the FoIA I wish to know if the above CPR practice direction applies to the magistrates court when granting summonses for non payment of council tax to the council.

2) Under the FoIA I wish to know if the above CPR practice direction applies to the council who create and issue non payment of council tax summonses ( court documents) on behalf of the magistrates court who grants them.

3) Please provide all recorded information that confirms that when the council prints a replica signature (a facsimile signature) onto a magistrates court summonses for non payment of council tax on behalf of the court, that the council also prints the name of the person whose signature is printed so that the person may be identified.

Many thanks for your time in answering this FOI request and I look forward to hearing from you.

Yours faithfully,

RICHARD VALDRY

S. Martin left an annotation ()

Richard:

Its various layers of deceipt so they won't actually answer your question, what they will offer is bluff and bluster and anything to avoid actually answering. Be persistent as they provide their bluster and misdirection then ignore you.

I will explain the system for you, apologies if you already know this, and it applies to council tax, parking tickets and fixed penalty notices handed out under civil systems.

NCC will pass this to the Northampton County Court Bulk Centre and claim to register the debt, what debt? its an alleged debt at this stage. Here is the first layer of deceipt.

Under Common Law proof of any alleged debt MUST be produced upon demand, if it cannot or is not produced upon demand the alleged debt is nullified and void. They just make a claim and provide no proof.
NCCBC is just that, a bulk centre, it provides a civil or corporate service, i.e. a service paid for by NCC just like any other company.

Here is the second layer of deceipt.

NCCBC portrays itself as a court of law by claiming it is "attached to the Northampton County Court", note the word attached. Any real court is "A Division Of", so a sleight of hand and a subtle one at that. A simple play on words to deceive, but it fools most people.
As it is not an actual court and has no magistrates or judges there it cannot issue a lawful warrant as only a court, magistrate, or judge can issue such a thing. So, to answer your question, there will be no signature on any of the documentation they produce as whoever signs it will be culpable.

Any lawful warrant must have what is called a wet, or real signature; this is an actual signature in pen by a magistrate or judge. Without this it is not a valid or lawful warrant. If it has a printed signature its not a lawful warrant, its that simple.

They then post it back to NCC who pass it to a private bailiff, and once again the words private bailiff need emphasising.

Three types of bailiff exist, a High Court Bailiff, a County Court Bailiff, and a private bailiff. High Court and County Court Bailiffs have considerable power and can break into a property with a lawful warrant, and regularly do so. They will check all warrants issued to them for such details; give them a warrant issued by NCCBC and they will have nothing to do with it as they know its fraudulent. Put such a warrant in front of them and they will back away from it as though its got every contagious disease known to man.

Private bailiffs rely on peoples beliefs (misconceptions) that they have the same powers as High Court and County Court Bailiffs and they haven't. The only power a private bailiff has it that they can enter your property through an open door or window. They cannot push past you or use force to enter your property without committing a criminal offence.

They often try to deceive you into thinking they are acting on behalf of a court or upon a court warrant by carefully chosen words, its basically a con. Remember they do this day in and day out and are well versed, the most popular claim is they are court certificated bailiffs.

The sole reason they do this is to try to trick you out from under common law as this gives considerable protection, and into a civil law contract. By getting (or tricking) you into a civil contract they are removing your rights under common law, its that simple.

You can stop any private bailiff from entering your property boundaries very easily, you simply remove their Implied Rights of Access and apply a fee schedule. You use the legal maxim Notice to principle is notice to agent, notice to agent is notice to principle.
With this in force you respond to NCC or any other council and apply a fee schedule, should any bailiff enter your property boundary they are acting unlawfully and have to pay your fee schedule. If they refuse you ensure you set your fee schedule at £5000 and you take them to the small claims court.

S. Martin left an annotation ()

Nottingham City Council

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This e-mail (and any attachments) is confidential and may
contain personal views which are not the views of
Nottingham City Council unless specifically stated.
If you have received it in error, please delete it from
your system, do not use, copy or disclose the information
in any way nor act in reliance on it and notify the sender
immediately. Please note that Nottingham City Council
monitors e-mails sent or received for the purposes of
ensuring compliance with its policies and procedures.
Further communication will signify your consent to this.
The contents of e-mails sent or received may have to be
disclosed if a relevant request is made under current
legislation, such as, but not limited to, the Data Protection
Act 1998 and the Freedom of Information Act 2000

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