Common Law Talk Saturday 11 February 2023

Part One, a: Law: What is Law?

Part One, b: Contract Law

Part Two: Council Tax

Part Three: Going to Court

PART ONE, a: Law

Introduction: What Is Law?

PART ONE, b:

Contract Law

Contracts: formation

Practical Law UK Practice Note 3-107-4828

What makes a contract?

(Short notes: see expanded version on subsection to this document)

Jurisdiction: United Kingdom

Practice notes | Maintained | United Kingdom

A review of the legal concepts involved in the formation of binding contracts. The note also covers some common contract formation problems, for example, the legal position when parties start to perform a contract before the final terms are agreed, whether documents such as comfort letters and memoranda of understanding create an enforceable contract, and when a contract can be formed by email or via a website.

Most business lawyers are concerned with basic questions of contract law throughout their career, and almost regardless of their practice area.

Practical questions relating to the formation of contracts keep on recurring in the law reports, for example:

Is there a binding contract between the parties to a negotiation, or is there no contract at all, so that, for example, the supplier is left with a claim for a reasonable price for goods and services supplied and accepted, under the law of restitution?
When and in what country was the contract made?
What terms have been incorporated into the contract?
Has a party entered into a contract on the other party’s terms, or with no detailed terms?
Has a party entered into a contract accidentally or prematurely, for example, by acting in a way which would make a third-party observer conclude that there was an intention to enter into legal relations, although that was not the actual intention at the time?
How do the traditional rules of contract formation relate to contracts made by email, or via a website?

In most cases, the conclusion of a binding agreement is preceded by a period of negotiation of the terms. The parties will say or write many things during negotiations and it is often difficult to establish the point at which the parties have reached a binding agreement and the exact terms of that agreement. Lawyers must resort to basic contract law principles to establish these matters with certainty.

Widespread use of emails and the internet has placed new importance on the principles of contract formation:

Lawyers must examine chains of emails (often written in fast moving trading situations) in order to decide whether or not a contract has been made, where and when, and incorporating what terms.
Lawyers must ensure that website contracting procedures are in accordance with long-standing principles of contract

While many of the points made in this practice note will be familiar to lawyers, they can serve as a reminder for training to contract and sales managers.

When is a contract formed?

The key elements for an enforceable contract

A contract is a legally enforceable agreement which gives rise to new rights and duties among those who agree to its terms. A contract is formed when the following key elements coincide (the key elements):

Offer
Acceptance
Consideration
Intention to create legal relations.
Certainty of terms.

Some writers refer only to the first four key elements in the context of contract formation, and place “certainty” in a different category, but it is clear that “unless all the material terms of a contract are agreed, there is no binding obligation” (Maugham LJ in Foley v Classique Coaches Ltd [1934] 2 KB 1).

It should also be noted from the outset that there need not be a separate or formal offer and acceptance. As Leggatt J said in Blue v Ashley [2017] EWHC 1928 (Comm), at paragraphs 49-50:

”The basic requirements of a contract are that: (i) the parties have reached an agreement, which (ii) is intended to be legally binding, (iii) is supported by consideration, and (iv) is sufficiently certain and complete to be enforceable… In general, the agreement necessary for a contract is reached either by the parties signing a document containing agreed terms or by one party making an offer which the other accepts. Acceptance may be by words or conduct.” (Emphasis added)

The parties involved in the negotiation process should always have the key elements in the back of their minds. They should be careful not to bind themselves inadvertently to a contract (for example, by their outward actions) at a time when they only intend to reach an understanding on the scope of the negotiations by agreeing preliminary matters (see Intention to create legal relations). In other words, they should be careful to avoid making an enforceable contract accidentally and prematurely.

For useful judicial summaries of the law on contract formation, see:

Pedriks v Grimaux [2021] EWHC 3448 (QB) at paragraphs 125 to 127.
Gray v Smith & Blackmoor [2022] EWHC 1153 (Ch). at paragraphs 146 to 154 (a dispute involving an alleged oral contract).

Other factors which may affect contract formation

Other factors which can be relevant to whether or not an enforceable contract has been made include the following. Because these factors arise less often, some of them are dealt with in other practice notes:

If a contract is subject to a condition precedent which fails to occur (see Practice note, Contracts: conditions precedent).
If the parties lack the legal capacity to make a contract (see Practice note, Contracts: capacity).
If the objects of the contract are illegal or contrary to public policy (see Practice note, Contracts: invalidity).
If the contract is not in the proper form, in the limited number of situations where a particular form is required (see The form of a contract, and Practice note, Execution of deeds and documents).
If the contract is made by a person or persons that lack authority (see Practice note, Contracts: authority).

Factors which do not usually affect contract formation: form

It is important to remember that, apart a number of exceptions (see The form of a contract), a contract does not need to be in any particular form:

A contract can be made by means of the spoken word (face-to-face or via some communication medium such as the telephone), though a party may have difficulty in proving the terms of an oral contract if they are disputed.
A contract may be made partly orally and partly in writing.
A contract may be implied from the conduct of the parties. Offers can be made and accepted by behaviour.
A contract can be made via email, or by clicking a button on a website, provided the key elements are present (see Electronic contracts and signatures).

The message for commercial clients, contract managers and sales teams is that an enforceable contract can be created more easily than they might think.

Continued on subsection.

PART TWO: Council Tax

Should we be paying Council Tax? Compelling facts as to why we should not!

BOOM! The next piece of information gives pause for thought! What do you think?

What does the UK Gov pay for?

The government pays for schools and the police (other services), yet these appear on our CT Bill

So, we have some considerations as to why we might choose not to pay our Council Tax!

Now we need to look at the process and some overall information

COUNCIL TAX INFORMATION

Know the law, know your rights and they cannot intimidate nor coerce you to do something that isn't lawful. Refuse to be governed this way and there is nothing they can do. That is the law.

Legal terms such as "occupier" "householder" "resident" "defendant" "driver" etc evidences Trespass, Forgery, Fraud and Barratry. It constitutes an unlawful attempt to lower the status from that of a man or a woman (above a public servant) to that of a PERSON (below a public servant). It also constitutes an unlawful attempt to gain jurisdiction, when no such jurisdiction exists, nor can it ever exist, unless there is a provable cause where a man or woman has filed a verified claim.

There is no obligation (contract) to acknowledge, believe or adhere to written instruments authored by other men and women acting as public servants, unless you are property of the public servants who authored the foregoing written instruments.

Living men and women are not owned by the author of these documents or ANYONE accepting liability for these false statements, we have no obligation (contract) with the author or anyone accepting liability for the false statement.

A contract MUST have: Oﬀer, Acceptance, Consideration, Full disclosure and be signed by two sentient living beings.

Only a wo/man and a wo/man can sign a contract, you can't sign a contract with a corporation - it doesn't exist! You can sign service agreements with corporations but you can't sign contracts!

Always write back asking for Verification of a Contract, Wet ink. Signatures, a True Bill and all of the Material Evidence to support their Claim in the form of an Aﬃdavit (corporations can't write Aﬃdavits) therefore a living man or woman MUST accept liability, (chances are they won't).

LEGISLATION

Data Protection Act 2018, General Data Protection Regulation, Law of Property Act 1925, sections 53, 136 and 196. The Law of Assignment and Practice Directive 51U - a great deal of homework.

PERSONAL DATA

There is no obligation to provide any local Council with any financial or personal details whatsoever, as recently made clear by the Court of Appeal.

PAYMENTS

"You owe our corporation / company money”

This statement is a blatant lie by it's author. It constitutes Trespass, Forgery, Fraud, Barratry and Identity Theft. Living men and women must agree to these written instruments authored by other men and women (Public servants) for them to be of any relevance and hold any force.

There is no legal or equitable obligation to make payments to any Council under the Local Government and Finance Act 1992.

There is no obligation whatsoever to make payments to any Council under any legislation whatsoever.

The burden of proof is on the Council to prove the payment is compulsory to their private company. Can you find the evidence or legislation stating payment is mandatory?

The burden of proof is on the local authority to demonstrate that it has complied with the rules of billing; it is not upon us to show why we have not paid.

DIRECT DEBIT RECLAIM

Direct Debit Reclaim popular topics in posts (DDR).

making payment to a private company without evidence of equitable consideration

LIABILITY ORDERS

There is no such thing as a liability order in any Court whatsoever.

Magistrates’ Courts do not issue so called ‘liability orders’, there is no such document under Civil Procedure Rules or Criminal Practice Direction.

MAGISTRATES COURT

There is no Court hearing conducted by any Magistrates’ Court with respect to Council Tax under Criminal Practice Direction or Civil Procedure Rules.

Councils conduct their own hearings under the guise of the jurisdiction of the Magistrates' Courts. When challenged to evidence Jurisdiction, they simply cannot.

No record of any hearing exists at the Magistrates' Court by way of data and information retention or evidence of processing following any purported hearing.

A council is not a Court, and does not have powers to act as a Court pursuant The Local Government Act 1888, section 78.

DSAR are also eﬀective when served upon a specific Magistrates’ Courts to evidence no such ‘liability order’ exists following any purported hearing.

We stated that we wish to challenge the basis of the local authorities case, and therefore there must be a hearing. The burden of proof is on the local authority to demonstrate that it has complied with the rules of billing; it is not upon us to show why we have not paid. Article 6 of The Human Rights Act 1998 provides that everyone has the right to a fair trial in both civil and criminal cases. We have the right to be heard by an independent, impartial tribunal in public and within a reasonable amount of time.

If you are prevented from either addressing the Court or seeing the evidence, you are entitled to appeal as the hearing was not fair. The procedure for the hearing follows rule 14 of the Magistrates Courts rules 1981. You should be allowed an opportunity to examine all the evidence produced by the local authority and ask questions in cross-examination. You can make a submission of 'no case to answer' if the local authority has failed to prove an essential part of its case.

If you do not receive a summons for a liability order hearing and the Magistrates' Court makes the order in your absence, the order may be quashed by the High Court on judicial review. If a summons is not served, any liability order purportedly based upon it is invalid.

The local authority can use any statement in a document, including a computer-generated statement provided;

the document forms part of a record compiled by the authority;
direct oral evidence of any fact stated in it would have been admissible;
if the document has been produced by a computer, it is accompanied by a signed certificate validating that the computer was operated

The local authority oﬃcer presenting the case should be asked to produce the certificate for inspection. Failure to do so will make the computer evidence inadmissible, and the local authority will be unable to prove its case in Court.

Please note: the form (Form A) originally provided to draw up liability orders was removed from law on 1st October 2003, and no form has been substituted in its place. Without any written record of its order or judgement being issued by the Court, an order from a Magistrates' Court may be invalid. This point has begun to be raised in various Magistrates' Courts proceedings since August 2015 and yet has to be resolved. The failure by parliament to create the necessary form is a serious flaw in the legislation, which potentially compromises the making of all orders and enforcement activity. It is clear that parliament envisaged magistrates making a physical liability order as the basis for taking any further enforcement action, including any further steps in the Court which have to be based upon a judgement, e.g., bankruptcy.

A liability order is meant to identify the aggregate amount that can be recovered, including costs, but it is unclear how this can be achieved if a Magistrate's Court does not make a liability order in writing and only purports to issue the liability order orally.

If no proper stamped and sealed order is drawn up and issued by the Court, eﬀectively the local authority may not be able to establish that any such order exists or existed at any stage, nor show the magistrates were ever satisfied that the local authority had proved all the matters it is required to prove.

In practice, the courts seldom issue individual liability orders; the judge or chair of the magistrates normally just signs a certificate attached to the list of non-payers, but in a form that does not comply with regulations, without the stamp or seal of the Court or any form laid down in regulations since 2003.

If the Magistrates' Court has acted 'in excess of jurisdiction', you can ask it to set aside the order. There is no prescribed form for making an application to set aside a liability order, but a letter can be sent to the Court's clerk identifying the liability order and requesting a hearing to consider setting it aside.

COUNTY COURTS

claims for compensation in the County Courts.

Councils routinely attempt to unjustly enrich themselves at the expense of the uninformed in County Court.

The agents will start their assumptive and manufactured deception with “Upon an award in the Magistrates’ Court” – there is no such award.

The agents will then proceed on the basis they have the legal rights to help themselves to property and income of those they are deceiving with their legalese templates and ignorant legal minions who spout the same nonsense of “having to pay”.

These agents of deceit may be dealt with by way of an application to strike out any claim, set aside any interim or final charging order, or attachment to earnings and so forth.

We shall cover the procedures and pre-action protocols for attending Magistrates' Court to eﬀectively derail any Council application for a so-called liability order, and how to successfully bring a claim in County Court to obtain damages under the Data Protection Act 2018.

recover all Council Tax payments through the County Court and the coup de grace of applying for a freezing order upon the Councils' Bank account for the judgment debt.

DSAR

The Data Protection Act 2018 is the UK legislation we refer to when we make a DSAR.

GDPR is a European data protection and privacy directive adopted on 14 April 2016, being made enforceable from 25 May 2018.The rights to have data erased.

Non compliance with a DSAR constitutes concealment. This is a very serious matter for whomever has decided to conceal your data and is actually treated as a criminal oﬀence pursuant to s.173 Data Protection Act 2018 and s.2 s.3 Fraud Act 2006. Banks, debt collection agents and their legal agents alike, conceal data as a matter of course, contrary to their obligations or the pertinent directives or legislation.

If you have sent a DSAR which has not been complied with you are within your rights to bring a claim against the data controller or processor of your data.

Escalate to ICO https://ico.org.uk

Send a brief chronology of events, DSAR dates etc and request an LBC at info@debt-less.co.uk. Tag the email Council Tax Claim.

Following non compliance with the LBC, a claim may be issued in the CCMCC for between

£2,500 and £3,500 dependent upon the level of breach.

County Court Money Claims Centre (CCMCC) PO Box 527

Salford M5 0BY

t: 0300 123 1372

f: 0161 743 4023

e: ccmcccustomerenquiries@hmcts.gsi.gov.uk

e-filing enquiries: ccmcce-filing@hmcts.gsi.gov.uk https://www.gov.uk/make-court-claim-for-money

DEBTLESS

If you need assistance contact https://www.debt-less.co.uk to recover any payments, obtain compensation for distress, prevent any future payments, prevent any further distress or remove any legal charges obtained.

EXAMPLE DSAR

Time sensitive document. Estoppel conditions apply.

c/o address only: non-liability:

In the Matter of:

:firstname: surname (us, our, we)

Address line 1

Address line 2

Town County [XX33 3YY]

XX, month, YEAR

Respondent:

The Data Protection Oﬃcer East Hampshire District Council Penns Place

Petersfield Hampshire [GU31 4EX]

D-U-N-S® Number: 211330568

Your Alleged Payment Ref No: xxx

Private and Confidential Oﬃce Found

Notice-to-Principal-is-Notice-to-Agent, Notice-to-Agent-is-Notice-to-Principal Data Subject Access Request

This is not a letter; do not treat it as such. It is a lawful notice, served under the doctrine of notices if you are in any way unsure of its meaning we strongly recommend you seek advice from your legal department. Any failure to respond to this lawful notice without full and complete non-misleading disclosure shall be deemed as full acceptance of guilt, no lawful substance, and your claim to be unverified and unlawful, and full acceptance of liability for any and all costs/judgment in full should you wish to proceed.

The use of a postcode in our address is not to be taken as acceptance or obligation of contract, and is only to be used in connection with geographic location and not corporate association.

It shall be assumed that you are well aware of your lawful and legal obligations pertaining to The Data Protection Act (DPA) 1998/2018 and the General Data Protection Regulation (GDPR) 2018. Pursuant to article 21/recital 69 of the General Data Protection Regulation (GDPR) 2018, we require you to provide a full and compliant response to our specific Data Subject Access Request.

We require data and information as follows:

Provide the reason, purpose and in what fiduciary capacity East Hampshire District Council are accessing, processing, using, storing, and sharing our specific
Provide evidence as to which companies East Hampshire District Council has shared our data and for what specific
Provide the evidence that East Hampshire District Council has obtained our express consent to share, process, access, use, or store our specific
Provide evidence that the Local Government Finance Act 1992 states that payment of Council Tax is
Provide evidence for any agreement proving that the payment of Council Tax to East Hampshire District Council has been consented to by
Provide evidence for any obligation that the payment of Council Tax to East Hampshire District Council is compulsory upon

Provide evidence for valuable consideration from East Hampshire District Council for the alleged debt.
Provide a full and valid VAT invoice compliant with the Value Added Tax Regulations 1995 (Part III) specific to the alleged account, confirmation of your company number, and VAT registration
Proof of claim: provide evidence of a valid, lawful contract between East Hampshire District Council and us showing, oﬀer, acceptance, and consideration with wet signatures between all parties.
Provide full disclosure on who created the alleged account on our
Provide a True Bill that complies with the Bills of Exchanges Act 1882 which details how a bill for a charge should be
Provide evidence that East Hampshire District Council does not have to adhere to the Bills of Exchanges Act 1882.
Provide evidence that East Hampshire District Council has given full disclosure (as required by common law) in relation to the services being oﬀered and that these have been accepted by us for the value

We respectfully advise that failure to fully comply with our Data Subject Access Request within one calendar month (31 days) may be construed as concealment, which may constitute an oﬀence pursuant to section 173 (3) of the Data Protection Act 2018, which states it is a criminal oﬀence to alter, deface, block, erase, destroy, or conceal information with the intention of preventing disclosure.

Without ill-will, vexation, or frivolity, without prejudice, without recourse, non-assumpsit, all mistakes accepted.

By :first name: of the family surname

Autograph in purple ink with a red ink finger print over the autograph. Write: 'all rights reserved’ under the autograph so that it touches. Endorse by sticking a £1 postage stamp with your compound fact autograph written in blue across the stamp :first name: surname

Witness: the father, son and holy ghost.

We advise you all to do the free Peacekeepers NOC NOC Council Tax Challenge at https://peacekeepers.org.uk/

We are putting the first two letters you need to send to your council below, but you really need to follow the process as outlined by the Peacekeepers!

The Lettering in RED is for you to amend...NOT to keep in RED!!

[1 - Your first name and surname]

[2 – Your address]

[3 – Your email address]

[4 - Date]

[5 – First and Surname of Head of the Council], and [the title of the office they hold], [their email address], and

[6 – First and Surname of Head of Revenue], and [the title of the office they hold], [their email address], and

[7 - First and Surname of the Councils Monitoring Officer], and Council Monitoring Officer, [their email address], and

[8 - First and Surname of any other people who have corresponded with you], and [the title of the office they hold], [their email address], and

[9 - Council’s name and address as detailed on Bill], [their email address]

Dear [10 - Head of Council by first name], [11 - Head of Revenue by first name], [12 - Councils Monitoring Officer by first name], [13 - any other people who have corresponded by first name] and [14 - Name of Council]

Your ref: [15 - last bill: number OR summons: number], dated dd/mm/202y

Further to your above referenced correspondence (copy enclosed) it has come to my attention that you are under a legal obligation to prove that I am under an obligation to comply with your command, as detailed in section 34(6) of The Council Tax (Administration and Enforcement) Regulations 1992 [1] which requires the council to satisfy the courts of the following two presumptions:

that the sum has become payable by the defendant and
That any obligation has not been paid.

All are equal under the law, and no one is above the law is affirmed in both lawful and legal governance as follows:

Legislation, upon which you rely in your claim, is admitted not to be law in Coronation Oath Act 1688 [2] which affirms 3 things which constrain the authority of those governing, Statutes (today known as primary legislation) AND, the Law AND Customs.

“Will You solemnely Promise and Sweare to Governe the People of this Kingdome of England and the Dominions thereto belonging according to the Statutes in Parlyament Agreed on and the Laws and Customs of the same?"

This is further clarified in the Monarch’s promise ‘to govern the peoples of… according to their respective laws and customs”, therefore legislation merely binds those governing.

This is further affirmed in legal governance expressed in the Bill of Rights that:

“…all and singular the Premises as their undoubted Rights and Liberties and that noe Declarations Judgements Doeings or Proceedings to the Prejudice of the People in any of the said Premisses ought in any wise to be drawne hereafter into Consequence or Example. “,

Upon acceptance of the Crown the Bill of Rights expresses:

“…Things therein contained by the Force of a Law made in due Forme by Authority of Parlyament doe pray that it may be declared and enacted That all and singular the Rights and Liberties asserted and claimed in the said Declaration are the true auntient and indubitable Rights and Liberties of the People of this Kingdome and soe shall be esteemed allowed adjudged deemed and taken to be and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said Declaration And all Officers and Ministers whatsoever shall serve their Majestyes and their Successors according to the same in all times to come…”.

This specifically further affirms neither Parliament Assembled nor HM Government can impose any duties, rights or obligations upon any of the people.

People’s respective laws are created by the people creating a meeting of the minds and then consenting to the duties, rights and obligations, which is the only way anything can have the force of law. Anything else is coercion.

To attempt to enforce your will on another is a breach of the People’s peace [3] by fraudulent misrepresentation.

This is further affirmed in the Pre Action-Protocol for Debt [4] where at its point 1 as a public body claiming to be a creditor, and myself as the debtor, I require you to provide the following information in accordance with its point 3.1 (a)

If the debt arises from an oral agreement, who made the agreement, what was agreed (including, as far as possible, what words were used) and when and where it was agreed;
If the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor;
If the debt has been assigned, the details of the original debt and creditor, when it was assigned and to whom;

Please within the next 7 days provide proof that I agreed to any obligation with you, thereby fulfilling your legal duties and obligations to me and the people.

Should you fail to provide this proof, the services you provide to the community can lawfully only be recognized as a gift.

Now that you are with this knowledge, should you fail to provide a full, accurate and complete response you would knowingly be breaching my peace, otherwise I require your confirmation your claim is without lawful authority and you withdraw it.

Regards,

[16 - Sign here]

[17 - Your first name only]

Enclosed: copy of your claim.

[1] The Council Tax (Administration and Enforcement) Regulations 1992 https://www.legislation.gov.uk/uksi/1992/613/regulation/34/made

[2] https://www.legislation.gov.uk/aep/WillandMar/1/6/section/III

[3] R v Howell [1982][3] QB 416, [1981] 3 All ER 383, [1981] 3 WLR 501, 73 Cr App Rep 31, 146 JP 13 http://www.hrcr.org/safrica/arrested_rights/Regina_Howell.htm

[4] Pre Action-Protocol for Debt https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

SEND THE ABOVE LETTER TOGETHER WITH THE ONE BELOW!

The letter below is the DSAR (Data Subject Access Request)

[1 - Your first name and surname]

[2 – Your address]

[3 – Your email address]

[4 - Date]

[5 – First and Surname of Head of the Organisation], and [the title of the office they hold], [their email address], and

[6 – First and Surname of Data Controller], and [the title of the office they hold], [their email address], and

[6a – First and Surname of Data Protection officer], and [the title of the office they hold], [their email address], and

[7 - First and Surname of the Councils Monitoring Officer], and Council Monitoring Officer, [their email address], and

[8 - First and Surname of any other people who have corresponded with you], and [their office], [their email address], and

[9 - Council’s name and address as detailed on Bill], [their email address]

Dear [10 - Head of Council by first name], [11 - Head of Revenue by first name], [12 - Councils Monitoring Officer by first name], [13 - any other people who have corresponded by first name] and [14 - Name of Council],

Data Subject Access Request under Data Protection Act 2018 (“DPA2018”) and GDPR 2018

Your ref: [15 - last bill: number OR summons: number], dated dd/mm/202y

Please find enclosed 2 forms of my identification, your council tax bill and [16 - add any other form of identification (driving licence or copy of another picture ID)].

Under your organisation’s legal duties and obligations, you must respond within 1 month as specified in section 54(2), and I am aware of the provisions for extra time beyond the statutory 30-day response for complex requests. I do not believe this request to be complex. Should you disagree, I require you to write to me stating your grounds and the time frame you claim you need.

Under my legal rights in Part 3 Chapter 3, I require you to make available to me the following information regarding data you hold about me:

Section 44 Information: controller’s general duties

(1) (a) the identity and the contact details of the controller, and

(b) the contact details of the data protection officer, and

(c) the purposes for which the controller processes my personal data, and

(2) (a) information about the legal basis for the processing, and

(b) information about the period for which the personal data will be stored or, where that is not possible, about the criteria used to determine that period, and

(c) information about the categories of recipients of my personal data, and

(d) was the personal data being processed and collected without my knowledge, and

45 Right of access by the data subject

(1) (a) confirmation as to whether or not personal data concerning me is being processed, and

(b), access to my personal data and the information set out in subsection (2).

(2) (a) the purposes of and legal basis for the processing, and

(b) the categories of personal data concerned, and

(c) the recipients or categories of recipients to whom my personal data has been disclosed (including recipients or categories of recipients in third countries or international organisations), and

(d) the period for which it is envisaged that the personal data will be stored or, where that is not possible, the criteria used to determine that period.

Further I require:

The legal form of the organisation holding my personal data, and
Proof that council tax is a mandatory obligation upon me, and
- if so how and when that obligation was created, and
- proof of my consenting to any liability to be created by any third party against myself, and
Details of legal consideration for any claimed debt, and
The legal form of the sender of any Bills or Notices, and
Where information has been laid to the courts for a summons, I require the full information laid (case management file), and
Where information has been laid to the courts for a liability order I require the full information laid (case management file), and
Where a liability order was granted, I require a copy of the liability order for which notice of liability order was received, and
My consent authorising you to hold my data, and
Any lawful excuse you claim to hold my data.

Should you fail to have lawful excuse to hold my data, under section 47 I require you to immediately erase all my data, failing which you may be committing a crime under section 173(3), and liable to myself for compensation under section 168.

Should you require any further clarification please do not hesitate to contact myself.

Regards,

[17 - Sign here]

[18 - Your first name only]

Enc: Copy of Council tax Bill and one other form of ID

PART THREE:

Going to Court

WHAT SHOULD WE EXPECT OF ANY COURT WE ATTEND ACCORDING TO GUILDLINES?

We read from: Magistrates' Courts Rules 1981 SI 1981 No 552 (as amended)

magistrates-courts-forms-rules-1981.pdf (publishing.service.gov.uk)

3A Case management (1) The court must actively manage the case. That includes—

(a) the early identification of the real issues;

(b) the early identification of the needs of witnesses;

(c) achieving certainty as to what must be done, by whom and when, in particular by the early setting of a timetable for the progress of the case;

d) monitoring the progress of the case and compliance with directions;

(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way; (f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion and avoiding unnecessary hearings;

(g) encouraging the participants to co-operate in the progression of the case; and (h) making use of technology, including live links.

(2) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible. (3) Each party must— (a) actively assist the court in managing the case without, or if necessary with, a direction; and (b) apply for a direction if needed to assist with the management of the case. (4) At the beginning of the case each party must, unless the court otherwise directs;

(a) nominate an individual responsible for progressing that case; and

(b) tell other parties and the court who he is and how to contact him. (5) In fulfilling its duty under paragraphs (1) and (2), the court must where appropriate—

(a) nominate a court officer responsible for progressing the case; and

(b) make sure the parties know who he is and how to contact him. (6) In this rule a person nominated under paragraphs (4) and (5) is called a case progression officer.

A case progression officer must—

(a) monitor compliance with directions;

(b) make sure that the court is kept informed of events that may affect the progress of that case; (c) make sure that he can be contacted promptly about the case during ordinary business hours; (d) act promptly and reasonably in response to communications about the case; and

(e) if he will be unavailable, appoint a substitute to fulfil his duties and inform the other case progression officers.

We further read from: Litigants in Person Key points from the Equal Treatment Bench Book November 2013:-

The ‘litigant in person’ In March 2013 the Master of the Rolls issued a Practice Guidance1 which determined that the term ‘Litigant in Person’ should continue to be the sole term used to describe individuals who exercise their right to conduct legal proceedings on their own behalf.

The Practice Guidance applies to all proceedings in all criminal, civil and family courts (though not curiously to tribunal proceedings), For the purposes of clarity, the term ‘litigant in person’ (as opposed to ‘self‐represented litigant’ or ‘unrepresented party’) is used in this chapter in line with the Practice Guidance both to those appearing unrepresented in courts and also in tribunals.

The term encompasses those preparing a case for trial or hearing, those conducting their own case at a trial or hearing and those wishing to enforce a judgment or to appeal.

Most litigants in person are stressed and worried, operating in an alien environment in what for them is a foreign language. They are trying to grasp concepts of law and procedure about which they may be totally ignorant. They may well be experiencing feelings of fear, ignorance, frustration, bewilderment and disadvantage, especially if appearing against a represented party. The outcome of the case may have a profound effect and long‐term consequences upon their life. They may have agonised over whether the case was worth the risk to their health and finances, and therefore feel passionately about their situation.

Role of the judge (could be a magistrate):

Judges must be aware of the feelings and difficulties experienced by litigants in person and be ready and able to help them, especially if a represented party is being oppressive or aggressive.

Maintaining patience and an even‐handed approach is also important where the litigant in person is being oppressive or aggressive towards another party or its representative or towards the court or tribunal.

The judge should, however, remain understanding so far as possible as to what might lie behind their behaviour. Maintaining a balance between assisting and understanding what the litigant in person requires, while protecting their represented opponent against the problems that can be caused by the litigant in person’s lack of legal and procedural knowledge, is the key.

Directions and court orders

Litigants in person often do not understand pre‐hearing directions (in particular those imposing time deadlines and ‘unless orders’) or the effect of court or tribunal orders so: a. ensure that they leave a directions hearing appreciating exactly what is required of them;
involve them in the process of giving those directions (e.g. asking them how much time they need to take a particular step and why) so that they realise that the directions relate to the conduct of their own case;
explain fully the precise meaning of any particular direction or court order.

Producing documents
1. All too often litigants in person do not bring relevant documents with them to the hearing. The court or tribunal is faced with the comment: ‘I can produce it – it is at home’, but it is then too late and an adjournment is likely to be expensive and will usually be refused.
2. The party should have been warned in advance not only to disclose relevant documents to the other side but to bring the originals to the hearing.

Courts and Prosecutors must use Plain English

If a judge or opposing side uses jargon, legalese, or any term you do not understand, you can ask them to explain it in plain english, in terms you can understand. This is explained in the Equal Treatment Benchbook, which is the standard guidance for Judges in the UK. ----------------------

Judicial College, Equal Treatment Benchbook

https://www.judiciary.uk/wp-content/uploads/2021/02/Equal-Treatment-Bench-Book-February2021-1.pdf

Good communication

Effective communication underlies the entire legal process: ensuring that everyone involved understands and is understood. Otherwise the legal process will be impeded or derailed. 10. Understanding means understanding the evidence, the materials, the process, the meaning of questions and the answers to them.
19 Lay people do not understand legal jargon and technical terms (‘disclosure’, ‘directions’, ‘application for permission to apply’), so judges should keep language as simple as possible, and should give clear explanations where required.
People who have difficulty coping with the language or procedures of the court or tribunal, and are perhaps less engaging litigants as a result, are entitled to justice in the same way as those who know how to use the legal system to their advantage. Any disadvantage that a person faces in society should not be reinforced by the legal system.

28. Litigants in person should not be seen as an unwelcome problem for the court or tribunal. Judges may not be able to assist them with their case, but can ensure they have every reasonable opportunity to present it.
The disadvantage to litigants from poor representation is a challenging issue. Judges should consider how representatives can be managed to assist them to represent their client effectively

Jargon and legalese

One of the greatest barriers to participation for non-legal users and observers of courts and tribunals is the language used by the legal system. This language has become so embedded that it is hard to notice when it is being used. Technical terms and artificial and legalistic use of language should be avoided or, if that is not possible, explained.

SO...what actually is the experience you might have in the magistrates court when you are there in respect of a Council Tax Dispute? Here is an actual story about an actual visit to the court:

Notes on the Court Visit

Main entrance – Names not listed

Court listing on the wall outside court room- names not listed

Approached by council- trying to coerce us into paying

Usher approaches- to ask for names- flits her and there like a sparrow wearing her black cloak

Try to give usher notes of our defense- refuses

Usher calls – prosecution i.e. council attendee to help us with questions!

Council representative- says not attended court since 2012

Council representative- enters court at least 10 minutes before we do- not treated equally

Enter court- told off for drinking water- bench has flask on it (all are equal under the law and no one is above the law) obviously not true in their eyes

Positioned- at back of court, with people coming and going from the room. You don’t stand in the dock. 3 magistrates sit at the bench, looking down on you. All tactics to make you feel small.

Ask our details- names addresses

Try to move it on

I asked their details- Clerk of court/ legal advisor gives their roles i.e. Magistrates, name of prosecution, and her own position. I say all equal etc., so want names- refused

Defense Documents were offered – again refused & claim they do not have any of our paper work, that we sent to the court. We have evidence it was signed for.

I had questions- and I told them so, but they move on and ignore you.

Referred to council representative for our evidence.

He lies to magistrates- saying we give no valid reason for not paying CT

C. gives our defense- Interrupted, told irrelevant information

The stick to one narrative – local Government Finance Act 1992- they are deaf & blind to any other defence. IGNORE YOU.

However – ALL ACTS REQUIRE CONSENT TO BE GIVEN THE FORCE OF LAW, THEY ARE MERELY RULES AND REGULATIONS. THEY ARE NOT LAW.

So councils have a legal obligation to prove that, we are under an obligation to comply with the legislation.

The burden of proof is on the council.