Weymouth and Portland Borough Council may be involved jointly with HMCS in serious instances of maladministration

Dear *******

Many thanks for this. I have been unable to reside at my property since November as stated previously. To the best of my knowledge the property is currently unoccupied.

I conditionally agree to pay my outstanding bill once I have received a satisfactory response to ALL of the followiing

My only question during our conversation was initially whether I had received a legitimate, lawful summons. I believe you told me it was? Why has it now been cancelled? Your letter refers to the 27/7/11, the "summons" was for 21/7/11. I have confirmed with Weymouth Magistrates Court that I am not due at any hearing there on this date which suggests your "summons" is fraudulent. This is very serious.

Despite these documents originating from the council, they are headed "Weymouth Magistrates Court" and begin with the following rather misleading paragraph:

"Complaint has been made before me, the undersigned on behalf of the Billing Authority for the Borough of Weymouth and Portland......"

These documents are dated and a Signature of the Clerk to the Justices doctored on to them.

In light of this I submit the following freedom of information request in the hope of clarifying the situation.

1) I would like Weymouth and Portland Borough Council to provide information to support that sending out these Summonses is legal bearing in mind the following legislation and that the council sends out their own, made to look like court summonses

a)MAGISTRATES’ COURTS ACT 1980 Part II

Civil Jurisdiction and Procedure

Jurisdiction to issue summons and deal with complaints

51- Issue of summons on complaint

Where a complaint relating to a person is made to a justice of the

peace, the justice of the peace may issue a summons to the person

requiring him to appear before a magistrates' court to answer to

the complaint.

b)THE COUNCIL TAX (ADMINISTRATION AND ENFORCEMENT REGULATIONS 1992

PART VI – ENFORCEMENT

Application for liability order

34. —

(2) The application is to be instituted by making complaint to a

justice of the peace, and requesting the issue of a summons

directed to that person to appear before the court to show why he

has not paid the sum which is outstanding.

cADMINISTRATION OF JUSTICE ACT 1970 – Part V

Miscellaneous Provisions

40 Punishment for unlawful harassment of debtors.

(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—

(d) 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.

2) Please confirm the fee you pay to the magistrates court to use the facilities for the "hearing"

3) Please provide a copy of the "bulk claim form" you submit to the court for council tax recovery signed by a justice of the peace and clearly showing my name.

4) Please provide a copy of the law or contract requiring me to pay my council tax and to pay it in advance

5) Please provide the full accounting for independent audit showing the full allocation and justification of every £ of the council tax bill for 2010,2011,2012.

6) Please supply me with a breakdown itemising costs which will provide evidence that the cost of court action taken against me will total £45

7) Please supply me with information that proves Weymouth and Portland Borough Council is not involved jointly with HMCS in serious instances of maladministration regarding the hundreds of summonses processed at any given hearing.

I look forward to your reply

Regards

@[715477059:Gary John Freeman Jones]