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]
