Magistrates Court Summons

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

Dear Cardiff Council,

Council Tax Account Number - 25898468

I am writing about the letter the council sent dated 16 January 2024 regarding a summons for council tax.

The letter states if “YOU” wish to attend the hearing “YOU” must contact the council to make an appointment at least 48 hours before attending. The hearing is scheduled for the 2nd of February 2024. I must say I have never previously known a “SUMMONS” that requires the Defendant to contact the Claimant in order to make an appointment to attend a Magistrates court hearing?

Also, I was under the impression the Magistrates Court deals with criminal matters and this is a civil matter. Perhaps you could explain the position? “I” actually rang the Magistrates Court last week to confirm if any summons, fines, or court orders are listed / registered against the name CRAIG DON-ALD SALTER but they were not able to find any record of anything in that name currently outstand-ing or historically (other than a speeding offence in May 2022).
There was certainly no evidence of any summons to a Court hearing for the 2nd February? How very odd I thought, because I have a letter summoning CRAIG SALTER on that date under the guise it was issued by the Magistrates Court.

In any event, I have written to Cardiff County Council on numerous occasions over the last 2 to 3 years and expressed my conditional acceptance of the requested Council Tax contributions. How-ever, I have raised several questions and concerns regarding the lawfulness of Council Tax that you have either ignored or not clarified in a succinct acceptable manner.

For that purpose, I would appreciate the questions listed below being addressed and clarified. Given that “I” do not intend to be present at the hearing on the basis that the Magistrates Court have confirmed there is no summons for “I” to attend the Court on the 02nd February 2024, I kindly re-quest that you or your department respond to my concerns.
To facilitate this process, I am formally applying for the information outlined in points 1 to 32 under The Freedom of Information Act 2000, which grants public access to information held by public au-thorities. I kindly ask for your cooperation in supplying this information within the prescribed 20 working days.

Thank you for your prompt attention to this matter. I anticipate your timely response to
address the serious concerns raised.

For clarity, I have enumerated my queries and I would appreciate it if you could specifically address each and every point:

1. Could you provide confirmation that Cardiff County Council is indeed a private corporation registered with Dun and Bradstreet and that your DUNS number is 227842507?

2. At what point in time did Cardiff County Council undergo the transition into a private, for-profit trading company?

3. Can you verify whether the overarching parent company of Cardiff County Council is HM Parliaments and Government PLC? If this is not the case, could you please provide information on the actual overarching parent company?

4. To my understanding, a Court order must be presented on the appropriate Government form. Can you confirm whether your letter dated 16 January 2024, which is purportedly a Court summons, is, in fact, merely a notice? While Council employees may have adjusted the legislation to seemingly grant them this capability, my understanding is that there is no existing authority empowering any Council with the judicial powers necessary for such actions?

5. Can you affirm that Cardiff County Council employees are limited to generating notices and lack the authority to produce a summons or a liability order? Additionally, could you clarify that a notice produced by Cardiff County Council does not inherently carry the authority of a Court?

6. A legitimate Government Court form typically does not include a barcode, and I have reservations that Cardiff County Council employees may have added it to facilitate the illicit bulk-processing of summonses. Can you clarify whether this is indeed the case?

7. Can you verify that the mentioned Council notice was not signed by a Justice of the Peace/Magistrate as signing such a document would fall outside their judicial function and could imply they were acting on behalf of the claimant (Cardiff County Council), potentially raising ethical and fraudulent concerns. The absence of a Court seal (a photocopy of a seal excluded) and a clear, identifiable signature and printed name raises significant concerns, as it renders any document claiming to be a legal document invalid. Could you please provide an explanation for this omission?

8. Can you confirm the accuracy of the assertion that anyone, including Cardiff County Council employees, a JP/Magistrate/Clerk of the Court, who claims Cardiff County Council notices are summonses and/or liability orders sanctioned and/or sent out by a Court, may potentially be engaging in fraudulent conduct?

9. Regarding liability orders, your own 13th Edition of The Council Tax Handbook states that the legal form used for the issuance of a Council Tax liability order was discontinued in 2003. Here is the actual section from your book:
‘The form (The Council Tax (Administration and Enforcement) Regulations 1992 UK Statutory Instruments 1992 No. 613 SCHEDULE 2 Form A) originally provided to draw up liability orders was removed from law 1 October 2003 and no form has been substituted in its place. Res 3 Council Tax (Administration and enforcement) (amendment) (No.2) Regulations 2003 No. 2211’.

Below is an extract from a Justices Clerk Society; Court Document; Procedure in Liability Order Applications: Date: April 2011: Revised 2023
ORDERS

‘The order is made when the presiding justice pronounces it, and is recorded in the Court register, see section 3. Since repeal of the prescribed order, there has been no Court-produced order. The Council’s software should generate a notice that the order has been made, which is sent to the defendant. They should not be signed or endorsed with the name of a JP or Court officer’.

I am concerned that the provided information strongly suggests an undeniable body of evidence pointing towards potential fraudulent actions by Cardiff County Council employees, particularly in the issuance of alleged Court summonses and liability orders. If pursued by a member of the public, these actions could potentially subject Cardiff County Council employees to personal prosecution. I am eager to hear your response on this matter, and I would appreciate specific clarification on how you intend to request a liability order from the Court, given that liability orders were discontinued in 2003.

10. Can you confirm that if neither the Court nor Cardiff County Council employees can produce a true liability order; does that mean liability orders for the non-payment of Council Tax do not actually exist?

11. Could it be that any solicitor submitting notifications into Court claiming them to be liability orders and true copies of the Court record, would also be potentially acting fraudulently and be personally liable?

12. Can you confirm that any document claiming to be a true copy of the Court record must comply with Rule 68 of the Magistrates Court Rules and have an official Court stamp by an official officer of the Court?

13. According to the Magistrates Court Act of 1980, Section 51, every defendant should have a case file and a case progression officer. Can you explain why I do not have either (according to the Court's response to my enquiry?)

14. Can you confirm that without any Court-stamped and certified copy of any amount awarded against me, and with the Court unable to produce a lawful summons or liability order, no sums can ever be awarded, rendering Council Tax unenforceable?

15. Is the assertion accurate that Cardiff County Council employees rent a Court room for a day and misleadingly presents it as an official Court?

16. Could you please confirm whether the Justice of Peace/magistrate is adhering to the obligations outlined in their oath for His Majesty's Courts and Tribunals Services, or are they involved in private undertakings representing the interests of Cardiff County Council employees?

17. There is a suspicion that I may have been issued a counterfeit summons for a fictitious hearing in a fabricated Court, potentially leading to the issuance of a spurious liability order by a non-authentic magistrate, accompanied by fraudulent threats of financial repercussions for non-compliance. Can you confirm or refute these suspicions?

18. If my suspicions prove accurate, and the JP/Magistrate representing Cardiff County Council is indeed operating beyond the bounds of their official oath, persisting in the endeavour to extract payment by endorsing a claimant's notice (particularly since the legal landscape changed in 2003 with the abolition of liability orders), this could potentially expose them to personal liability in their private capacity. This is due to the fact that they would be personally endorsing a notice from a private corporation, in this instance Cardiff County Council, and misrepresenting it as something it is not.

Furthermore, as Cardiff County Council are operating as a private corporation without a formal contractual agreement with me or any other community member, employees may be in potential violation of various legally binding Acts and rules of commerce, as outlined below. Should these concerns prove valid, it raises the prospect that Cardiff County Council employees could be implicated in, and personally accountable for, a number of considerably serious offenses.

I kindly request you to affirm or refute each of the below points, from number 23 to number 29, to determine the accuracy of my concerns:

19. The Local Government Act 1888, Section 78:
(2) provided that the transfer of powers and duties enacted by this Act shall not
authorise any county councillor committee or member thereof-
a) to exercise any powers of a Court or a record; or
b) to administer an oath; or
c) to exercise any jurisdiction under the Summary Jurisdiction Acts, or perform any judicial business, or otherwise act as justices or a justice of the peace.

20. In accordance with the Administration of Justice Act of 1970, Part 5:
(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he –
a) harasses the other with demands for payment which, in respect of their frequency of the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
c) falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not

21. In accordance with the The Perjury Act 1911, part 5:
False statutory declaration and other false statements without oath:
If any person knowingly or wilfully makes (otherwise than an oath) a statement false in a material particular, and the statement is made
a) In a statutory declaration (then this is an act of perjury)

22. In accordance with the Fraud Act 2006, Section 3:
A person is in breach of this provision if he:
a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
b) intends, by failing to disclose the information:
(i) to make a gain for himself or another
(ii) to cause loss to another or to expose another to a risk of loss.

23. In accordance with the The Fraud Act 2006, Section 7;
Making or supplying article for use in frauds
(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article –
(a) Knowing that it is designed or adapted for use in the course of or in connection with fraud, or
(b) Intending it to be used to commit, or assist in the commission of, fraud.

24. The Data Protection Act 2018
173: Alteration etc of personal data to prevent disclosures to data subject
(3) it is an offence for a person listed in subsection (4) to alter, deface, block, erase, destroy or conceal information with the intention of preventing disclosure of all or part of all the information that the person making the request would have been entitled to receive

25. Regulation 34 of the Council Tax (Administration and Enforcement) Regulations Act of 1993; Section 6;
34(6) The Court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid. This requires the Council to satisfy the Court of the following two presumptions:
1. the sum has become payable by the defendant, and
2. that any obligation has not been met

It seems imperative that Cardiff County Council employees furnish evidence of the obligation to make payments, and from my examination, no such proof is evident. Could you kindly supply documentation confirming my obligation to pay?

26. Can you tell me what precisely is Council Tax is used for? I would appreciate a detailed breakdown.

27. Does Council Tax in fact go to HMRC direct Taxes; a Government consolidated fund, and not, as local residents are misleadingly informed, used to reinvest into the locality of where the Council Tax was collected?

28. As public servants, can you tell me how are Cardiff County Council employees paid; what source of income become the employees’ salaries?

29. Can you confirm that as Cardiff County Council is a private for-profit trading company, the only direct Government employee within its structure is the Section 151 Officer?
30. Is Council Tax being invested into other companies or funds and if so, into which companies and funds?

31. Is it being used to fund Cardiff County Council employees’ own pension funds?

32. It holds paramount importance for me, as well as, I believe, all local residents, to gain clarity on the percentage of Council Tax allocated to the Government's annual defence budget. My understanding is approximately 5%-10%, could you please clarify this?
This stems from the aftermath of World War II, where International Law, as established by the Nuremberg war crimes tribunal, articulated that individuals aiding and abetting their Governments in the pursuit of unlawful wars could themselves be held accountable. According to this legal framework, it is expressly forbidden for individuals to contribute taxes supporting unlawful wars that result in the loss of innocent lives worldwide. Despite this, British Governments have engaged in 83 wars and conflicts since 1945, breaching numerous significant and far-reaching global agreements.

It is evident that local Cardiff County Council residents contributing to the Council Tax have unknowingly financed these illegal wars, partly due to Cardiff County Council employees' non-disclosure. International law categorises the act of collecting taxes that might be used to fund such wars as a criminal offense and an act of terrorism, applicable to anyone, including Council Officers. Moreover, any individual contributing to this illegal tax may also be held criminally liable, underscoring the urgency for a detailed response from you.
https://www.theguardian.com/world/2015/m...

For your information.

You may be informed about the recent court case involving Enforcement Officers Bristow and Sutor, who unlawfully harassed Mr. Leighton over an alleged Council Tax debt.

In the case of Leighton v Bristow [2023] J90SA002, settled in the High Court of Justice Kings Bench Division by His Honour Judge Harrison, Mr. Leighton was awarded damages of £4,000 at paragraph 45. Enforcement officers Bristow and Sutor, unable to produce a liability order and failing to cease and desist, met the criteria for the Harassment Act 1997, resulting in aggravated damages. Moreover, Mr. Leighton was awarded costs amounting to 50%.

It is crucial to note that doorstep visits without proper documentation constitute harassment, as enforcement officers are obligated to adhere to the Tribunals, Courts, and Enforcement Act 2007, Section 12. This section explicitly states that enforcement officers must present ID and proof of authority from the court that allows them to be on the premises. Instructions from a Council alone will not suffice and could expose Cardiff County Council and its employees to future prosecution.

Since liability orders were abolished in 2003, any attempt to disregard this communication and either sell the alleged debt to a collections agent or instruct debt collectors/ enforcement officers will require them to produce both the liability order and a deed of assignment, in advance. Failure to do so may result in significant fines, costs, and the potential revocation of their operating license.

I will inform any debt collection agencies that you were fully aware of this information before instructing them. Breach of the Harassment Act transforms the matter from a civil case to criminal conduct. Victims of unlawful harassment by an enforcement agent without the correct paperwork may file a complaint with the police under Section 24(a) of the Police and Criminal Evidence Act 1984 (PACE). This could lead to the arrest of the enforcement agent to prevent a breach of the peace or further escalation. Investigations will uncover how the fake liability order was issued by Cardiff County Council employees, and those responsible may be held personally liable. Warrants must be issued by a court with due diligence before being granted, and blanket warrants are not permissible.

https://www.legislation.gov.uk/ukpga/198...

For further insights into the concerns about council employees instructing unlawful bailiffs, I highly recommend reviewing the article available at: https://realmedia.press/bailiff-companie...
In addition, I express profound apprehension about the potential sharing of my personal information with debt collection agencies by Cardiff County Council employees. Such an act could constitute a severe breach of the Data Protection Act 2018 and the General Data Protection Regulations EU 2018 and open Cardiff County Council to personal prosecution. More information on reporting data protection breaches can be found at: https://ico.org.uk/for-organisations/rep...

I would like to emphasise once again that I am requesting information pertaining to points 1 to 36 under The Freedom of Information Act 2000, which grants public access to information held by public authorities. Kindly provide this information to me within the prescribed 20 working days, in email format to the address specified at the bottom of this letter. Your prompt attention to this matter is appreciated, and I eagerly anticipate your response to address my inquiries and serious concerns.

I am eager to bring this matter to a swift resolution. However, in the event that our communication extends into a prolonged exchange of letters or other forms, I will provide you with a schedule of fees applicable to various types of contact.

Yours faithfully,

Craig Salter

Cardiff Council

Annwyl Mr Salter

Diolch am eich cais

Cyfeirnod eich ymholiad yw: FOI20887

Os bydd angen unrhyw wybodaeth ychwanegol arnom er mwyn prosesu eich cais
byddwn yn cysylltu â chi.

Mae’r Cyngor yn ceisio delio â’ch cais o fewn y fframiau amser statudol.

Dyfynnwch y cyfeirnod hwn os oes angen i chi gysylltu â ni yn gysylltiedig
â’ch cais, mae manylion cyswllt y Cyngor isod.
Dear Mr Salter

Thank you for your Freedom of Information request relating to Council Tax.

Your query has been assigned the Reference: FOI20887

Should we require any additional information in order to process your
request we will contact you.
The Council aims to deal with your request within the statutory
time-frames.

Please quote this reference number if you need to contact us regarding
your request, the Council's contact details are below.

Information Governance Team- Tim Llywodraethu Gwybodaeth
City of Cardiff Council - Cyngor Dinas Caerdydd
Room/Yst 357, County Hall/Neuadd y Sir
Cardiff/Caerdydd
CF10 4UW
[1][Cardiff Council request email] / [email address]

══════════════════════════════════════════════════════════════════════════

Cardiff Council are registered as a Data Controller under the General Data
Protection Regulation and Data Protection Act 2018, your personal
information will be processed in line with this legislation. Processing of
personal data is required to perform a specific task(s) in the public
interest, that is set out by law.

All information will be treated as confidential but may be used by the
Council or disclosed to others when required by law. We use a third party
software provider House on the Hill to process requests for information.
For further information on how House on the Hill manage personal data, you
can view their privacy policy here
[2]https://houseonthehill.com/company/priva...

The data will be securely stored by Cardiff Council for a period no longer
than 3 years. You can contact the Data Protection Officer at
[3][email address]

Further information on how the Council process personal data can be viewed
in our Privacy notice:
https://www.cardiff.gov.uk/ENG/Home/New_...

You can report a concern by visiting the ICO website:
[4]https://ico.org.uk

══════════════════════════════════════════════════════════════════════════

Mae Cyngor Caerdydd wedi cofrestru fel Rheolwr Data dan y Rheoliad Diogelu
Data Cyffredinol a Deddf Diogelu Data 2018, caiff eich gwybodaeth bersonol
ei phrosesu yn unol â’r ddeddfwriaeth hon.  Mae angen prosesu data
personol i gyflawni tasg(au) penodol er lles y cyhoedd, a nodir dan y
gyfraith.

Bydd yr holl wybodaeth a roddir yn cael ei thrin yn gyfrinachol ond gall y
Cyngor ei defnyddio neu ei datgelu i eraill os bydd hynny’n ofynnol dan y
gyfraith. Rydym yn defnyddio darparwr meddalwedd trydydd parti House on
the Hill i brosesu ceisiadau am wybodaeth.  I gael rhagor o wybodaeth ar
sut mae House on the Hill yn rheoli data personol, gallwch weld eu polisi
preifatrwydd yma https://houseonthehill.com/company/priva...

Caiff y data ei gadw’n ddiogel gan Gyngor Caerdydd am gyfnod o ddim mwy na
3 blynedd. Gallwch gysylltu â’r Swyddog Diogelu Data ar
[email address]

Gallwch weld rhagor o wybodaeth ar sut mae'r Cyngor yn prosesu data
personol ar ein hysbysiad Preifatrwydd:
https://www.cardiff.gov.uk/CYM/Hafan/Ymw...

Gallwch roi gwybod am unrhyw bryder drwy fynd i'r wefan ICO:
[5]https://ico.org.uk

References

Visible links
1. mailto:[Cardiff Council request email] / [email address]
2. https://houseonthehill.com/company/priva...
3. mailto:[email address]
4. https://ico.org.uk/
5. https://ico.org.uk/

Cardiff Council

Dear Mr Salter

Your Freedom of Information request has been closed.
We have passed your request to the relevant service area to respond to you
directly.

Regards

Information Governance Team- Tim Llywodraethu Gwybodaeth
City of Cardiff Council - Cyngor Dinas Caerdydd
Room/Yst 357, County Hall/Neuadd y Sir
Cardiff/Caerdydd
CF10 4UW
[1][Cardiff Council request email] / [email address]

══════════════════════════════════════════════════════════════════════════

Cardiff Council are registered as a Data Controller under the General Data
Protection Regulation and Data Protection Act 2018, your personal
information will be processed in line with this legislation. Processing of
personal data is required to perform a specific task(s) in the public
interest, that is set out by law.

All information will be treated as confidential but may be used by the
Council or disclosed to others when required by law. We use a third party
software provider House on the Hill to process requests for information.
For further information on how House on the Hill manage personal data, you
can view their privacy policy here
[2]https://houseonthehill.com/company/priva...

The data will be securely stored by Cardiff Council for a period no longer
than 3 years. You can contact the Data Protection Officer at
[3][email address]

Further information on how the Council process personal data can be viewed
in our Privacy notice:
https://www.cardiff.gov.uk/ENG/Home/New_...

You can report a concern by visiting the ICO website:
[4]https://ico.org.uk

══════════════════════════════════════════════════════════════════════════

Mae Cyngor Caerdydd wedi cofrestru fel Rheolwr Data dan y Rheoliad Diogelu
Data Cyffredinol a Deddf Diogelu Data 2018, caiff eich gwybodaeth bersonol
ei phrosesu yn unol â’r ddeddfwriaeth hon.  Mae angen prosesu data
personol i gyflawni tasg(au) penodol er lles y cyhoedd, a nodir dan y
gyfraith.

Bydd yr holl wybodaeth a roddir yn cael ei thrin yn gyfrinachol ond gall y
Cyngor ei defnyddio neu ei datgelu i eraill os bydd hynny’n ofynnol dan y
gyfraith. Rydym yn defnyddio darparwr meddalwedd trydydd parti House on
the Hill i brosesu ceisiadau am wybodaeth.  I gael rhagor o wybodaeth ar
sut mae House on the Hill yn rheoli data personol, gallwch weld eu polisi
preifatrwydd yma https://houseonthehill.com/company/priva...

Caiff y data ei gadw’n ddiogel gan Gyngor Caerdydd am gyfnod o ddim mwy na
3 blynedd. Gallwch gysylltu â’r Swyddog Diogelu Data ar
[email address]

Gallwch weld rhagor o wybodaeth ar sut mae'r Cyngor yn prosesu data
personol ar ein hysbysiad Preifatrwydd:
https://www.cardiff.gov.uk/CYM/Hafan/Ymw...

Gallwch roi gwybod am unrhyw bryder drwy fynd i'r wefan ICO:
[5]https://ico.org.uk

References

Visible links
1. mailto:[Cardiff Council request email] / [email address]
2. https://houseonthehill.com/company/priva...
3. mailto:[email address]
4. https://ico.org.uk/
5. https://ico.org.uk/

Daisy Greene left an annotation ()

It would also be interesting to find out how much CC has in offshore accounts.