fFaudwAtch UK (Account suspended)

Dear Humberside Police,

https://www.scribd.com/doc/186590772/NEL...

A letter sent presumably towards the end of 2013 (see above link) but with almost certainty after 8 November 2013, deals with a response from the force's Economic Crime Unit's refusing to act on evidence of North East Lincolnshire Council abetting its bailiff contractor to defraud residents whilst enforcing alleged council tax debt.

Annex A of the correspondence contains the force's response (quoted below).

::....................................::
ANNEX A

Email correspondence detailing the reasons why Humberside Police are not pursuing an investigation into this matter:

From: Humberside Police (Economic Crime Unit)
To: Recipient
Sent: November 9, 2013
Subject: RE: North East Lincolnshire council / Rossendales (RESTRICTED - MANAGEMENT)

I have considered your submission regarding allegations of criminal conspiracy between North East Lincolnshire Council and Rossendales bailiffs.

To prove that a fraud offence has taken place, we need to demonstrate, beyond reasonable doubt, that a dishonest act has occurred. The definition of dishonesty used in criminal prosecutions has been laid out as per the case of R v Ghosh. I cannot see that your allegation meets those requirements.

With regard to the Schedule 5 charges connected with distress - it appears that the bailiffs do not have to physically remove the goods (Evans v South Ribble Borough Council 1992.)

I do not take the view that NELC are co-conspirators. Should they report any criminal wrongdoing by bailiffs we will consider the case on its merits.

Before undertaking a Fraud investigation, the Police must have good grounds to believe that a criminal offence has been committed (HO Circular 47/2004). I do not consider that to be the case in this instance.

For these reasons, Humberside Police will not be pursuing an investigation into this matter.

My position is that this is more of a question of interpretation of the regulations as set out in the Statutory Instruments that cover Council Tax Administration and Enforcement, and that your dispute should be referred to the appropriate regulatory body.

Regards

Detective Sergeant - Economic Crime Unit
Major Crime Unit - Tackling Serious & Organised Crime : Supporting Investigations
::....................................::

The email indicates that the force was satisfied that the crimes in connection with the allegations were not worthy of investigation and in fact did not believe any criminal offences had been committed.

The force's decision was apparently based on its opinion that there was no evidence of a crime in the context of "R v Ghosh" (a case used in criminal prosecutions as a test of dishonesty).

Another factor was that by virtue of a case with relevance to bailiffs levying distress (Evans v South Ribble Borough Council 1992) it appears that the bailiffs do not have to physically remove the goods.

Nothing in that email offers anything to support the reasons given. The 'Evans v South Ribble' case authority has apparently no relevance whatsoever.

I would like all the information held by Humberside police relating to the investigation that led to the decisions outlined but had nothing backing them up.

Yours faithfully,

fFaudwAtch UK

Information Compliance,

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Boynton, Sian 8066,

Good Morning
 
I refer to your recent FOI request and must advise you that S8 of  the
Freedom of Information Act 2000 states that there is no legal requirement
to comply with the request unless the following criteria is met.
 
SECTION 8
(1) In this Act any reference to a 'request for information' is a
reference to such a request which -
(a) is in writing
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.
 
In order for your request to be dealt with please comply with S8(1)(b
above.
 
If we do not hear from you within the next 7 days the case will be closed.
 
Yours faithfully
 
 
Sian Boynton
Information Compliance Asst
Humberside Police
Clough Road
Hull
HU5 1SW
 
 
 
 

show quoted sections

fFaudwAtch UK (Account suspended)

Dear Boynton, Sian 8066,

I don't have any objection to providing my name, however, Humberside Police should really get with it and think about the nature of Freedom of Information requests which are applicant blind.

Yours sincerely,

Fraud Watch UK Aka N Gilliatt

fFaudwAtch UK (Account suspended)

Dear Boynton, Sian 8066,

Response to this request is delayed. By law, Humberside Police should have responded by 6 January 2016 .

Yours sincerely,

fFaudwAtch UK

fFaudwAtch UK (Account suspended)

Dear Boynton, Sian 8066,

Please see my 7 January 2016 email:

"Response to this request is delayed. By law, Humberside Police should have responded by 6 January 2016."

Yours sincerely,

fFaudwAtch UK

Green, James 8935, Humberside Police

3 Attachments

NOT PROTECTIVELY MARKED - NO DESCRIPTOR

Your Ref:
Our Ref:F-2015-1619

20 January, 2016

Dear Mr Gilliatt,

Thank you for your request for information dated 04 December, 2015 concerning Response from Economic Crime Unit .

This is to inform you that all information relating to your request has been considered and a relevant response has been attached.

Should any further information be requested regarding this topic, a separate request will need to be submitted.

If I can be of any further assistance on this matter please do not hesitate to contact me.

Yours sincerely,

James Green
Information Compliance Officer
101
Humberside Police
Corporate Development Branch
Information Compliance Unit
Priory Road
Kingston Upon Hull
HU5 5SF
Fax:

NOT PROTECTIVELY MARKED - NO DESCRIPTOR
Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

fFaudwAtch UK (Account suspended) left an annotation ()

"Humberside Police Response

Please find attached our previous response F-2014-933 in which we issued a section 14 notice in respect of repeated and vexatious requests for information concerning Rossendale Bailiffs and Fraud."

fFaudwAtch UK (Account suspended)

Dear Humberside Police,

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

I am writing to request an internal review of Humberside Police's handling of my FOI request 'Humberside Police Fraud Unit'.

I'm forced to contribute to the funding of Humberside police with the threat of imprisonment if I don't. Moreover, I have voluntarily given up an inordinate amount of time over a period of several years to provide the evidence that has been handed to the force on a plate to substantiate the allegations made regarding North East Lincolnshire Council / Rossendales bailiffs involvement in defrauding the Borough's taxpayers. In return, Humberside police’s Economic crime unit has, over this period, unscrupulously concentrated its effort into challenging the evidence gathered to avoid dealing with the allegations thus protecting the accused and enabling them without consequence to continue their criminal activity.

The force has provided more excuses than I can remember for why it considers the matters should not be investigated, however, none have had any credibility nor evidence to support them.

When the force acts obstructively, as is obviously the case in these matters, the Freedom of Information Act can (theoretically) be used to assist people find out what the public body wishes not to disclose voluntarily. Considering the amount of work I have invested in these matters, it is completely spurious to state that my motives are vexatious. I will be informing the Information Commissioner on this if the force continues to refuse providing the information on the grounds that the request is vexatious.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

fFaudwAtch UK

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

fFaudwAtch UK (Account suspended)

Dear Information Compliance,

Any feedback to my 21 January 2016 request for a review will be welcome.

Yours sincerely,

fFaudwAtch UK

Information Compliance, Humberside Police

Thank you for your request for information.  If you are requesting
information under the Freedom of Information Act or the Environmental
Information Regulations you will receive a response within the statutory
20 working days.

We aim to respond to any other enquiries within 20 working days. Further
information on requesting information can be found on this [1]link.

 

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

References

Visible links
1. http://www.humberside.police.uk/your-rig...

Clement, Angela 8587, Humberside Police

1 Attachment

Your Ref:
Our Ref:F-2015-01619

18 March 2016

Dear Mr Gilliatt

Please find attached response to your internal review.

Yours sincerely,

Miss A. Clement
Senior Information Compliance Officer
Humberside Police
Corporate Development Branch
Information Compliance Unit
Police Headquarters
Priory Road

Kingston Upon Hull
HU5 5SF
Fax:+44 (1482) 305002

Internet Email should not be treated as a secure means of communication. To ensure regulatory compliance Humberside Police monitors all Internet Email activity and content. This communication is intended for the addressee(s) only. Unauthorised use or disclosure of the content may be unlawful. If you are not a named addressee, you must not disclose, copy, print, or in any other way use or rely on the data contained in this transmission. If received in error you should notify the sender immediately and delete this Email Humberside Police routinely checks e-mails for computer viruses. However addressees are advised to conduct their own virus checks of all e-mails, & any attachments). Opinions expressed in this document may not be official policy. Thank you for your co-operation. Humberside Police

fFaudwAtch UK (Account suspended) left an annotation ()

Its response:

"I can confirm that I have considered this request and determined that owing to the nature of this request around Fraud I uphold the original decision as communicated in our response dated 20 January 2-16 and F 2014- 0933 dated 15Th August 14. The request is vexatious by virtue of Section 14 of the Freedom of Information Act. I now consider this request closed. "

Humberside police is in desperate need of investigation so the person ultimately responsible for the negligence and corruption can be routed out and an order made against them prohibiting them ever contaminating another public body again.

fFaudwAtch UK (Account suspended)

Dear Clement, Angela 8587,

I'm assuming you are not the out and out unreasonable filthy self serving s**t that you portray yourself to be, and the reason it appears you are, is because you are prepared to take the can for your superior fil**y, self serving, shi**y chief constable in order to retain employment within Humberside police foarce. If a key figure within Humberside Police FArCe is threatening you with your job to lie and obfuscate in return for retaining employment with the FaRcE with the reassurance that all incriminating evidence has been destroyed (to protect you); please remember that all correspondence (emails, letters,etc) which Humberside police fArCe, Grimsby Magistratates' court, North East Lincolnshire Council, and all other scummy corrupt organisations involved (Grimsby Telegraph?), who are so spineless that they rely on closing ranks to collectively benefit from their filthy, spineless, lying ways, have been archived to combat such spinelessness.

Yours sincerely,

fFaudwAtch UK

Clement, Angela 8587, Humberside Police

I am away from the office until Friday 18 March 2016  If your query is
urgent please contact a colleague on Ext 3608 or alternatively e-mail
information Compliance Unit mailbox. Thank you. Angie

Internet Email should not be treated as a secure means of communication.
To ensure regulatory compliance Humberside Police monitors all Internet
Email activity and content. This communication is intended for the
addressee(s) only. Unauthorised use or disclosure of the content may be
unlawful. If you are not a named addressee, you must not disclose, copy,
print, or in any other way use or rely on the data contained in this
transmission. If received in error you should notify the sender
immediately and delete this Email Humberside Police routinely checks
e-mails for computer viruses. However addressees are advised to conduct
their own virus checks of all e-mails, & any attachments). Opinions
expressed in this document may not be official policy. Thank you for your
co-operation. Humberside Police

fFaudwAtch UK (Account suspended) left an annotation ()

Complaint sent to Information Commissioner's Office about Humberside Police failing to deal with my FoI request properly.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

24/03/16

Dear Sir/Madam

RE: INDEPENDENT REVIEW OF FOI REQUEST TO HUMBERSIDE POLICE – Ref F-2015-01619

I made a freedom of information request to Humberside Police on 3 December 2015. Details can be found on the “what do they know” website at the following address:

https://www.whatdotheyknow.com/request/h...

You will see from the contents of the above that Humberside Police on 20 January 2016 refused the request on the grounds that it was vexatious by virtue of Section 14 of the Freedom of Information Act and communicated that it considered the request closed.

On 20 January 2016 I submitted a request for a review and on 18 March 2016 the force responded upholding the original decision based upon the nature of the request surrounding Fraud.

I can state with all honesty that I genuinely want the information. I have been fobbed off with pathetic excuses from the force regarding why the evidence I have spent years providing has not been acted upon, and see no other way of obtaining it than through Freedom of Information.

Yours sincerely

Closing In left an annotation ()

Information Commissioner's Decision Notice (6 March 2017): FS50636604

(FS50622654, FS50636574, FS50636604, FS50637739 FS50650239)

https://ico.org.uk/media/action-weve-tak...

Closing In left an annotation ()

Information Rights Tribunal, Appellant's notice (grounds of appeal) against Decision Notice:
http://tinyurl.com/mlf3657

Papers supporting of Grounds of Appeal:
http://tinyurl.com/n25qdzo Exhibit 1
http://tinyurl.com/mslyuub Exhibit 2
http://tinyurl.com/n2gdz43 Exhibit 3
http://tinyurl.com/k8tlpsc Exhibit 4
http://tinyurl.com/kmkcx8t Exhibit 5

Closing In left an annotation ()

Commissioner’s Response to appeal:
https://www.scribd.com/document/34707850...

Closing In left an annotation ()

Information Rights Tribunal, Appellant’s Reply to Commissioner's Response to the Appellant’s grounds of appeal:
https://www.scribd.com/document/34850080...

Supporting papers of Appellant’s Reply:
https://www.scribd.com/document/34850090... Exhibit A-1

Closing In left an annotation ()

Tribunal's decision (20 Ocober 2017):

https://www.scribd.com/document/36212181...

Closing In left an annotation ()

Application for permission to appeal to the Upper Tribunal, appealing First-tier Tribunal's Decision (Information Rights).

https://www.scribd.com/document/36477038...

Closing In left an annotation ()

Tribunal judge's decision on an application for permission to appeal to the Upper Tribunal:

https://www.scribd.com/document/36539584...

(Permission refused on account of the application being made 6 hours and 57 minutes after the 28 day time limit)

Closing In left an annotation ()

Request for extension of time to apply for permission to appeal to the Upper Tribunal:

https://www.scribd.com/document/36551305...

(application unwittingly submitted 6 hours and 57 minutes after the 28 day time limit)

Closing In left an annotation ()

Tribunal judge's decision on a re-application for permission to appeal to the Upper Tribunal which included a request for extension of time to apply:

https://www.scribd.com/document/36603077...

The re-submitted application was erroneously sent omitting information referred to on the application form for permission to appeal, namely "reasons why the application is late"

Permission was refused because of this. The missing information (the reasons) has now been sent.

Closing In left an annotation ()

Application to the Upper Tribunal for permission to appeal (the First-tier Tribunal refused permission).

1 January 2018
https://www.scribd.com/document/36849189...

Closing In left an annotation ()

Acknowledgement of application to the Upper Tribunal for permission to appeal:

4 January 2018
https://www.scribd.com/document/36951293...

Closing In left an annotation ()

Decision letter of application to the Upper Tribunal for permission to appeal:

18 January 2018
https://www.scribd.com/document/36963193...

Closing In left an annotation ()

The judge's reasons for refusing permission to appeal to the Upper Tribunal.

https://www.scribd.com/document/36963211...

There is a right to apply for the decision to be reconsidered at an oral hearing which must be in writing within 14 days from the date of the letter of 18 January 2018.

Closing In left an annotation ()

Letter in response to the Upper Tribunals Notice of Determination of Application for Permission to Appeal to the Upper Tribunal.

31 January 2018
https://www.scribd.com/document/37043750...

Closing In left an annotation ()

The Upper Tribunal's acknowledgement and response:

9 February 2018
https://www.scribd.com/document/37114559...

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