Council tax recovery.

francis: of the family hanney made this Freedom of Information request to Neath Port Talbot County Borough Council

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

The request was partially successful.

francis: of the family hanney

Dear Neath Port Talbot County Borough Council or agents of,

Under the freedom of information act 2000 I require you to provide receipts or proof of the hiring of a court rooms at any and all county or magistrates Courts for the purposes of Council Tax recovery.

Kind regards,

Francis Glanmor.

FOI Team, Neath Port Talbot County Borough Council

Thank you for your Freedom of Information request received 21st August 2019.

We are generally required by the Freedom of Information Act 2000 to provide you with a response promptly, and within no more than 20 working days of receipt of a request, which will be on or before 19th September 2019 (this date takes into account August Bank Holiday).

If we require any clarification or further details we will contact you as soon as possible, if this is the case then the timescale for response specified above may be subject to change.

If you have any queries, please do not hesitate to contact this team.

FOI Team
[Neath Port Talbot County Borough Council request email]

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FOI Team, Neath Port Talbot County Borough Council

Dear Mr Glanmor

I refer to your Freedom of Information request of the 21st August 2019.

In order for the Council to respond to your request I would be grateful if you would clarify your question as under Council Tax legislation the council can apply to the Magistrates Court to seek recovery of Council Tax that has not been paid in line with the required instalment plan.

I look forward to receiving further clarity on what information you require

Regards.

Yours sincerely,
FOI Team
[Neath Port Talbot County Borough Council request email]

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.
Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni

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 sender immediately. Please note also that there is no guarantee that this email or any attachment is virus free or has not been intercepted or amended.

In the event that this email and/or its contents are not intended for you or your organisation, please do not open any documents that may be attached and advise the sender of the email accordingly, confirming that you shall forthwith delete the email together with any documents attached and provide confirmation that none of the documents have been opened.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os ydych wedi derbyn yr e-bost hwn mewn camgymeriad, dylech hysbysu'r person a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith wedi'i ryng-gipio na'i newid.

Os na fydd yr e-bost a/neu ei gynnwys wedi ei fwriadu ar eich cyfer chi neu eich sefydliad, peidiwch ag agor unrhyw ddogfennau a allai fod yn atodedig a rhowch wybod i anfonwr yr e-bost yn unol â hynny, gan gadarnhau y byddwch yn dileu'r e-bost ar unwaith ynghyd ag unrhyw ddogfennau atodedig a rhoi cadarnhad nad oes un o'r dogfennau wedi'u hagor.

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francis: of the family hanney

Dear FOI Team,

I believe the questions to be self explanatory.
Does Neath Port Talbot County Borough Council or agents of hire rooms at any and all county or magistrates Courts in regards to council tax recovery?

And what is the name of the man or woman replying to this foi?

Kind regards,

Francis Glanmor.

FOI Team, Neath Port Talbot County Borough Council

Dear Mr Glanmor,

I refer to your Freedom of Information request. In line with Council Tax legislation and Magistrates Court rules the Council applies to the Court for a hearing to consider applications for issuing summonses and Council Tax Liability Orders. The Magistrates Court allocates a day to hear such applications and then decides whether to grant the application or not. The Council does not hire a room at the Court in regards to council tax recovery

If you are dissatisfied with the response to your request, under the Authority's FOI Policy, you may appeal in writing setting out the reasons why you think the decision is erroneous, to the Authority's Monitoring Officer at the following address:-

Head of Legal Services & Monitoring Officer
Civic Centre
Port Talbot
SA13 1PJ
FOI Team
[Neath Port Talbot County Borough Council request email]

In the event that you appeal and are dissatisfied with that response, you may then appeal direct to the Information Commissioner, whose address is:

Wycliffe House,
Water Lane,
Wilmslow,
SK9 5AF.

Yours sincerely,
FOI Team
[Neath Port Talbot County Borough Council request email]

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.
Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni

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 sender immediately. Please note also that there is no guarantee that this email or any attachment is virus free or has not been intercepted or amended.

In the event that this email and/or its contents are not intended for you or your organisation, please do not open any documents that may be attached and advise the sender of the email accordingly, confirming that you shall forthwith delete the email together with any documents attached and provide confirmation that none of the documents have been opened.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os ydych wedi derbyn yr e-bost hwn mewn camgymeriad, dylech hysbysu'r person a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith wedi'i ryng-gipio na'i newid.

Os na fydd yr e-bost a/neu ei gynnwys wedi ei fwriadu ar eich cyfer chi neu eich sefydliad, peidiwch ag agor unrhyw ddogfennau a allai fod yn atodedig a rhowch wybod i anfonwr yr e-bost yn unol â hynny, gan gadarnhau y byddwch yn dileu'r e-bost ar unwaith ynghyd ag unrhyw ddogfennau atodedig a rhoi cadarnhad nad oes un o'r dogfennau wedi'u hagor.

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francis: of the family hanney

Dear FOI Team,

I am indeed dissatisfied as I happen to know that councils up and down the country do hire side rooms and no due process is done in court rooms. The fact that you have not said this means that your either ignorant to the fact or hiding it. That is diception in public office.

I also asked for the name of the man or woman who is replying.

Yours sincerely,

Francis

FOI Team, Neath Port Talbot County Borough Council

Dear Mr Glanmor

I refer to your reply below and re-confirm that this Council does not hire any rooms at the Magistrates Court when applying to the court for the granting of a summons/ liability order for the recovery of Council Tax Debt.

This response has been provided by Hywel Jenkins, Director of Finance and Corporate Services.

If you are dissatisfied with the response to your request, under the Authority's FOI Policy, you may appeal in writing setting out the reasons why you think the decision is erroneous, to the Authority's Monitoring Officer at the following address:-

Head of Legal Services & Monitoring Officer
Civic Centre
Port Talbot
SA13 1PJ
FOI Team
[Neath Port Talbot County Borough Council request email]

In the event that you appeal and are dissatisfied with that response, you may then appeal direct to the Information Commissioner, whose address is:

Wycliffe House,
Water Lane,
Wilmslow,
SK9 5AF.

Yours sincerely
FOI Team
[Neath Port Talbot County Borough Council request email]

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.
Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni

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 sender immediately. Please note also that there is no guarantee that this email or any attachment is virus free or has not been intercepted or amended.

In the event that this email and/or its contents are not intended for you or your organisation, please do not open any documents that may be attached and advise the sender of the email accordingly, confirming that you shall forthwith delete the email together with any documents attached and provide confirmation that none of the documents have been opened.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os ydych wedi derbyn yr e-bost hwn mewn camgymeriad, dylech hysbysu'r person a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith wedi'i ryng-gipio na'i newid.

Os na fydd yr e-bost a/neu ei gynnwys wedi ei fwriadu ar eich cyfer chi neu eich sefydliad, peidiwch ag agor unrhyw ddogfennau a allai fod yn atodedig a rhowch wybod i anfonwr yr e-bost yn unol â hynny, gan gadarnhau y byddwch yn dileu'r e-bost ar unwaith ynghyd ag unrhyw ddogfennau atodedig a rhoi cadarnhad nad oes un o'r dogfennau wedi'u hagor.

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francis: of the family hanney

Dear Hywel,

So you don't deny what has been claimed?
Also, your job title is Director of Finance and Corporate Services, is the council a body corporate or corporation?

Yours sincerely,

Francis.

francis: of the family hanney

Dear Hywel,

Also you have not answered or given the proof asked for.
I require you to provide receipts or proof of the hiring of a court rooms at any and all county or magistrates Courts for the purposes of Council Tax recovery.

Yours sincerely,

Francis.

FOI Team, Neath Port Talbot County Borough Council

Mr Glanmor,

I refer to your email below and that of Saturday 25 August 2019.

In relation to these emails I reiterate that I have already replied and confirmed that the Council does not hire rooms at the Magistrates Court in relation to council tax recovery. I also confirm that the Council is a corporate body.

If you are dissatisfied with the response to your request, under the Authority's FOI Policy, you may appeal in writing setting out the reasons why you think the decision is erroneous, to the Authority's Monitoring Officer at the following address:-

Head of Legal Services & Monitoring Officer
Civic Centre
Port Talbot
SA13 1PJ
FOI Team
[Neath Port Talbot County Borough Council request email]

In the event that you appeal and are dissatisfied with that response, you may then appeal direct to the Information Commissioner, whose address is:

Wycliffe House,
Water Lane,
Wilmslow,
SK9 5AF.

Yours faithfully
FOI Team
[Neath Port Talbot County Borough Council request email]

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.
Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni

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 sender immediately. Please note also that there is no guarantee that this email or any attachment is virus free or has not been intercepted or amended.

In the event that this email and/or its contents are not intended for you or your organisation, please do not open any documents that may be attached and advise the sender of the email accordingly, confirming that you shall forthwith delete the email together with any documents attached and provide confirmation that none of the documents have been opened.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os ydych wedi derbyn yr e-bost hwn mewn camgymeriad, dylech hysbysu'r person a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith wedi'i ryng-gipio na'i newid.

Os na fydd yr e-bost a/neu ei gynnwys wedi ei fwriadu ar eich cyfer chi neu eich sefydliad, peidiwch ag agor unrhyw ddogfennau a allai fod yn atodedig a rhowch wybod i anfonwr yr e-bost yn unol â hynny, gan gadarnhau y byddwch yn dileu'r e-bost ar unwaith ynghyd ag unrhyw ddogfennau atodedig a rhoi cadarnhad nad oes un o'r dogfennau wedi'u hagor.

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francis: of the family hanney

Dear Hywel,

So you can confirm that the council being a corporate body is indeed a corporation?
In providing services to the public does the council and its agents perform acts of commerce? A service is offered, then demands of payment issued... Why not a proper bill as conforming with the bills of exchange act? What if members of the public decide that they do not with to accept any service from the council corporation... Surely they have a choice to accept or decline any offer yes?

Yours sincerely,

Francis.

FOI Team, Neath Port Talbot County Borough Council

Dear Mr Glanmor

I would respectfully inform you that the Freedom of Information Act 2000 {FOI ACT} requires public authorities, such as local authorities, to provide members of the public with access to "recorded information" held in permanent form by those authorities. The FOI Act does not place any obligations on public authorities to answer general questions posed to them and/or to provide comments on any specific matters.

I respectfully inform you that in respect to the questions posed in the second paragraph of your email of the 28th August, those questions are not "requests for recorded information" held by this Authority. The questions posed are for comment from myself and are therefore outside of the requirements imposed upon the Authority by the FOI Act. Accordingly, please be advised that I do not intend to provide you with comments in respect thereto.

It is clear from recent correspondence between yourself and officers of this Authority, that you are specifically interested in how the Council Tax legislation operates and specifically how it applies to this Authority in practise.

Accordingly, in order to inform your knowledge and facilitate your understanding of the Council Tax collection and recovery process, please find below hyperlinks to the relevant Council tax legislation [i.e. Acts of Parliament and Regulations made thereunder] together with documents produced by this Authority in respect thereto [ which has been produced with a view to informing the public of the collection and enforcement process in respect to Council Tax].

A website link to the Local Government Finance Act 1992 is also very useful and informative and covers everything from billing to recovery http://www.legislation.gov.uk/uksi/1992/...

Two website links to documents held on the Neath Port Talbot council website The first relates to "Who pays Council Tax?"
https://www.npt.gov.uk/1140

the second relates to "Having difficulty paying" including details of the recovery process
https://www.npt.gov.uk/1716

If you are dissatisfied with the response to your request, under the Authority's FOI Policy, you may appeal in writing setting out the reasons why you think the decision is erroneous, to the Authority's Monitoring Officer at the following address:-

Head of Legal Services & Monitoring Officer
Civic Centre
Port Talbot
SA13 1PJ
FOI Team
[Neath Port Talbot County Borough Council request email]

In the event that you appeal and are dissatisfied with that response, you may then appeal direct to the Information Commissioner, whose address is:

Wycliffe House,
Water Lane,
Wilmslow,
SK9 5AF.

Yours sincerely
FOI Team
[Neath Port Talbot County Borough Council request email]

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.
Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni

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 sender immediately. Please note also that there is no guarantee that this email or any attachment is virus free or has not been intercepted or amended.

In the event that this email and/or its contents are not intended for you or your organisation, please do not open any documents that may be attached and advise the sender of the email accordingly, confirming that you shall forthwith delete the email together with any documents attached and provide confirmation that none of the documents have been opened.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os ydych wedi derbyn yr e-bost hwn mewn camgymeriad, dylech hysbysu'r person a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith wedi'i ryng-gipio na'i newid.

Os na fydd yr e-bost a/neu ei gynnwys wedi ei fwriadu ar eich cyfer chi neu eich sefydliad, peidiwch ag agor unrhyw ddogfennau a allai fod yn atodedig a rhowch wybod i anfonwr yr e-bost yn unol â hynny, gan gadarnhau y byddwch yn dileu'r e-bost ar unwaith ynghyd ag unrhyw ddogfennau atodedig a rhoi cadarnhad nad oes un o'r dogfennau wedi'u hagor.

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francis: of the family hanney

Dear Hywel,

What are the cost of court fees per individual claim regarding council tax arrears? And what are the fees in total encompassing all claims?

Yours sincerely,

Francis.

FOI Team, Neath Port Talbot County Borough Council

Dear Mr Glanmor,

Further to your new FOI request below the 2019-20 court fee costs for Council Tax recovery are:

Council Tax Summons £44.00
Council Tax Liability Order £19.00

The total amount of fees payable by a taxpayer if they don't pay until after both a summons and liability order is issued is £63.00.

If you are dissatisfied with the response to your request, under the Authority's FOI Policy, you may appeal in writing setting out the reasons why you think the decision is erroneous, to the Authority's Monitoring Officer at the following address:-

Head of Legal Services & Monitoring Officer
Civic Centre
Port Talbot
SA13 1PJ
FOI Team
[Neath Port Talbot County Borough Council request email]

In the event that you appeal and are dissatisfied with that response, you may then appeal direct to the Information Commissioner, whose address is:

Wycliffe House,
Water Lane,
Wilmslow,
SK9 5AF.

Yours faithfully
FOI Team

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francis: of the family hanney

Dear Hywel,

I am sure that there will be no admission to this but if the council is indeed a corporation and is acting in commercial transactions, then surely there must be a contract in place between the two parties? We know that the council is a dead entity and we'll... Men and women are living breathing beings and cannot contract with dead entity, so what obligations have men and women to pay anything at all without a lawful contract in place? Legislation is simply corporate rules and regulations and only apply to the person or as defined by legal dictionaries... The legal fiction, artificial person or corporate soul.

Yours sincerely,

Francis.

FOI Team, Neath Port Talbot County Borough Council

Dear Mr Glanmor,

As per one of my most responses on this matter I would respectfully inform you that the Freedom of Information Act 2000 {FOI ACT} requires public authorities, such as local authorities, to provide members of the public with access to "recorded information" held in permanent form by those authorities. The FOI Act does not place any obligations on public authorities to answer general questions posed to them and/or to provide comments on any specific matters.

I respectfully inform you that in respect to the questions posed in your email below, those questions are not "requests for recorded information" held by this Authority. The questions posed are for comment from myself and are therefore outside of the requirements imposed upon the Authority by the FOI Act. Accordingly, please be advised that I do not intend to provide you with comments in respect thereto.

I also refer you as previously to Council Tax legislation and specifically how it applies to this Authority in practise.

Accordingly, in order to inform your knowledge and facilitate your understanding of the Council Tax collection and recovery process, please find below hyperlinks to the relevant Council tax legislation [i.e. Acts of Parliament and Regulations made thereunder] together with documents produced by this Authority in respect thereto [which has been produced with a view to informing the public of the collection and enforcement process in respect to Council Tax].

A website link to the Local Government Finance Act 1992 is also very useful and informative and covers everything from billing to recovery http://www.legislation.gov.uk/uksi/1992/...

Two website links to documents held on the Neath Port Talbot council website The first relates to "Who pays Council Tax?"
https://www.npt.gov.uk/1140

the second relates to "Having difficulty paying" including details of the recovery process
https://www.npt.gov.uk/1716

If you are dissatisfied with the response to your request, under the Authority's FOI Policy, you may appeal in writing setting out the reasons why you think the decision is erroneous, to the Authority's Monitoring Officer at the following address:-

Head of Legal Services & Monitoring Officer Civic Centre Port Talbot
SA13 1PJ
FOI Team
[Neath Port Talbot County Borough Council request email]

In the event that you appeal and are dissatisfied with that response, you may then appeal direct to the Information Commissioner, whose address is:

Wycliffe House,
Water Lane,
Wilmslow,
SK9 5AF.

Yours faithfully
FOI Team

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francis: of the family hanney

Dear Hywel,

Authority... As in a public service or privately owned registered company? You know as well as I that Neath Port Talbot County Borough Council is a corporation (corporate body/ body corporate.)
There are now many people who are aware of this and rising.

NO contract means no obligation. Legislation is not law, it's simply corporate rules and regulations of the UK plc. I do not and never have given consent.

Yours sincerely,

Francis.

francis: of the family hanney

Dear Hywel,

If you weren't aware, you are now...

https://companycheck.co.uk/search?term=N...

Yours sincerely,

Francis.