Do i have to pay council tax?
Dear Havant Borough Council,
I would like to make a request under the freedom of information act.
Could you tell me if I have to pay council tax by law or is it statute legislation?
Is this tax made against MR David ...... (the person and corporation) or David of the ...... family (a freeman of the land)?
If it is legislation, i have the choice of wether or not to contract with you (Havant Council, a corporation) and pay this tax.
If no such contract exists, under common law this would give me the lawful right as a freeman and not Mr David ........ (the person and a corporation)to not pay this tax to you.
Could you please confirm or correct this information.
Many thanks
Yours faithfully,
David
Dear Sir
Thank you for your request for information about Council tax which we
received on 7th October 2010. We are dealing with your request under the
Freedom of Information Act 2000.
As required by the legislation, we aim to answer your request within 20
working days from the date we received it. If for any reason we are
unable to meet this deadline we will keep you fully informed of the
reasons for this.
If you have any queries about this letter please do not hesitate to
contact Customer Services on 023 9244 6019.
Yours sincerely
Kim Vassallo.
Customer Services
Havant Borough Council
Civic Offices
Havant
Hampshire
PO9 2AX
Telephone 023 9244 6019
Fax 023 9244 6418
[Havant Borough Council request email]
www.havant.gov.uk
Dear Sir
Thank you for your information request received on 7 October 2010 to
Havant Borough Council regarding the payment of Council Tax. Please find
the information you have requested shown below.
Could you tell me if I have to pay council tax by law or is it statute
legislation?
By law I am presuming that you mean common law as opposed to law enacted
by statute which is why you are differentiating between the two.
Council Tax is a creature of statute and liability for this arises under
the provisions of the Local Government Finance Act 1992 and subsequent
regulations.
Is this tax made against MR David ...... (the person and corporation) or
David of the ...... family (a freeman of the land)?
The tax is payable by whoever is the liable party, which is determined by
reference to the legislation mentioned above.
If it is legislation, I have the choice of whether or not to contract with
you (Havant Council, a corporation) and pay this tax.
You do not have this choice. As previously stated liability for Council
Tax is determined in accordance with the statutory regulations and your
liability for this is not contingent upon either your consent or the
existence of a contractual relationship with the Council.
If no such contract exists, under common law this would give me the lawful
right as a freeman and not Mr David ........ (the person and a
corporation) to not pay this tax to you.
I am not sure what you mean by this. However, I note that your questions
seem to have been drawn from advice and templates which can be found on
the internet and would caution you that these can be misleading. There is
no substitute for you obtaining and having regard to proper legal advice.
If you check the web sites they fail to refer to any case where an
argument based on contract, consent and the common law has been successful
in a court of law in respect of Council Tax.
You appear to confuse the law relating to contracts and alleged rights
under common law with the legislation relating to Council Tax. Your
liability for Council Tax arises under the Local Government Finance Act
1992 and the subsequent regulations. It is not contingent upon either your
consent or the existence of a contractual relationship with the Council.
Your assertion that the absence of consent or a contract precludes your
liability to Council Tax is incorrect in law and you have no legal basis
upon which to make such an argument.
The Council will proceed against you for non-payment of Council Tax if you
fail to pay it.
Please contact me again if you require any further assistance on this
matter and I will do my best to provide relevant help and advice.
If you have any complaints in respect of your information request, please
write to the Complaints Monitoring Officer at the address below or
complete the on-line complaint form that can be found at
[1]www.havant.gov.uk. If your complaint is not resolved to your complete
satisfaction, you have the right to apply to the Information Commissioner
for a decision.
Nigel Smith,
Chief Financial Officer,
Havant Borough Council,
Civic Offices,
Civic Centre Road,
HAVANT, Hants.
PO 9 2AX
Direct Dial telephone number: 02392 446390
Mobile telephone number: 07961 373645
e-mail address: [2][email address]
web site: [3]www.havant.gov.uk
Visit Websites:
[4]http://www.havant.gov.uk
[5]http://www.youthbeat.net
P Think before you print!
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References
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3. http://www.havant.gov.uk/
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4. http://www.havant.gov.uk/
5. http://www.youthbeat.net/
Dear Nigel Smith,
Thank you for your reply. As you stated this tax comes under the Local Government Finance Act 1992. All acts require consent to be given the force of law, they are rules and regulations of society. They are not law. There is no law requiring anybody to pay tax of any kind. All taxes are made out to a legal body, Mr,Mrs whoever and not to the human being. This is why many judgements made in court with regards to council tax usually fall apart at the very beginning if the person defending themselves understands the law. Because the tax is against a piece of paper (birth certificate) and if there is no human to represent the legal fiction then there is nobody to pay. You presented many legal arguments for the tax but no lawful argument. As you are aware all acts fall under marine law (law of the sea) and have no power on land where common law (law of the land) is the power. These acts all require consent, and to say otherwise is being untruthful is it not?
Your council is a registered company, with the objective one would assume of making money. If you wish to take money from somebody for a service under law that would require a contract, without a contract we do not know what service we are receiving for money paid. A company can only use company rules (legal acts) against another company (a person Mr.Mrs...)to enforce the collection of monies.
Also as mentioned statutes are rules and regulations of society, and society is a group of like minded people acting together. A birth certificate is taken as proof of membership to the UK society, but should one wish to withdraw from this society as one can do from any group they are a member of, then the rules of that society no longer apply.
If taken to court and tried under common law not statute law, you would find that the case would be short if it was heard at all. as has been the case with many people i know.
Would you agree with what is stated? I look forward to your reply on this matter.
Yours sincerely,
David
Dear Sir
Thank you for your latest email received on 5 November 2010 regarding
payment of council tax. I disagree with the premise you maintain.
Ultimately, the only way for you to fully confirm your interpretation of
legal issues is to test your hypothesis in court.
Please contact me again if you require any further assistance on this
matter and I will do my best to provide relevant help and advice.
If you have any complaints in respect of your information request,
please write to the Complaints Monitoring Officer at the address below
or complete the on-line complaint form that can be found at
www.havant.gov.uk. If your complaint is not resolved to your complete
satisfaction, you have the right to apply to the Information
Commissioner for a decision.
Yours sincerely
Nigel Smith,
Chief Financial Officer,
Havant Borough Council,
Civic Offices,
Civic Centre Road,
HAVANT, Hants.
PO 9 2AX
Direct Dial telephone number: 02392 446390
e-mail address: [email address]
web site: www.havant.gov.uk
P Think before you print!
PAUL PATTERSON left an annotation ()
If we are not mistaken it would appear that the only property liable to Council Tax is a ‘ Dwelling’ and a ‘ Dwelling’ is not Domestic Property, a ‘ Dwelling’ , it would appear is a ‘ hereditament’
https://www.dropbox.com/s/5awo4k8w8y38vm...
PAUL PATTERSON left an annotation ()
Jay, You are wrong. You state, "If you don't pay council tax you can be required to attend court (a summons is not a voluntary invitation) and you can go to prison. "
1. The summons is sent out by the council, not the court.
2. After receiving a council tax summons contact the court, they will have no record of any summons.
3 The hearing is a non HMCTS council hearing with no rules.
4 The magistrates' court and council are acting unlawful in their recovery acting.
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM The Queen's Bench Division
The Administrative Court
Mr Justice Leveson
CO/6498/2003
“I find it very surprising that the only document with a court stamp (under xiii) is not produced by the court, but is created automatically by the local authority's software, even though the local authority is a party to the proceedings. (The example before us adds, under the court stamp, the words "Justice of the Peace for the area aforesaid (or by order of the Court Clerk of the Court)". The intended significance of these words is not clear to me.) This document apparently is used only for the purpose of confirming to the bailiff that he has power to act. However, for that purpose the rules require no more than "the written authorisation of the authority" (Non-domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 r.14(5)). It seems both unnecessary, and wrong in principle, for it to be presented as though it had been stamped by the court. Nothing turns on this point in the present case, and we have not heard any submissions about it, but it seems to me an aspect of the procedure which merits reconsideration.” LORD JUSTICE WALLER.
http://hudoc.echr.coe.int/eng#{"app...
https://www.amazon.co.uk/MY-COUNCIL-TAX-...
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PAUL PATTERSON left an annotation ()
All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county.
http://www.legislation.gov.uk/ukpga/Vict...