http://www.whatdotheyknow.com/request/council_impersonating_the_magist#incoming-240845
“QUOTE :
“THE COURTS DO NOT HAVE THE FACILITIES OR RESOURCES TO CARRY OUT THE ADMINISTRATIVE FUNCTIONS RELATED TO ENSURING THAT THESE DOCUMENTS ARE PRODUCED AND SERVED CORRECTLY”.
“This indicated, regardless of whether regulations are complied with, that the process exploited by council and court is automated and devised to immorally profit hugely from residents who are caught out over late Council Tax payments.”
“…..the response never addressed my request in terms of the quoted legislation and so it is still unclear why SMB Council send out summonses despite legislation stating its criminality.”
“QUOTE:
“STOCKPORT COUNCIL, AS THE BILLING AUTHORITY, MAKES COMPLAINTS TO THE CLERK TO THE JUSTICES BY TAKING TO THE COURT A LIST OF ALL PERSONS AGAINST WHOM WE WISH TO APPLY TO THE COURT FOR A LIABILITY ORDER AND RELEVANT INFORMATION. PLEASE NOTE THIS IS NOT A STEP THAT IS TAKEN LIGHTLY AND ONLY OCCURS WHEN CHARGEPAYERS HAVE FAILED TO PAY IN LINE WITH THEIR BILL AND REMINDER OR FINAL NOTICES SENT TOTHEM.”
“I agree this is not “a step that is taken lightly”, nor a step taken by any council employee. In fact no decisions are made by council employees, it is merely the soul-less output from a computer system, which has met the criteria to automatically generate ‘en mass’ the data required for the council’s court enforcement manager to provide evidence for the court and to subsequently collect its winnings.”
“QUOTE:
“IF THE CLERK TO THE JUSTICES AGREES THAT THE COMPLAINT IS VALID, THEY SIGN A STATEMENT TO CONFIRM THAT THEY AUTHORISE THE ISSUING OF THE SUMMONSES IN RESPECT OF ALL PERSONS ON THE COMPLAINT LIST. THE BILLING AUTHORITY THEN PRODUCES AND SERVES THE COURT SUMMONSES ON BEHALF OF THE COURT. IT CAN BE SEEN THAT THIS MEANS THE LOCAL AUTHORITY IS CARRYING OUT AN ADMINISTRATIVE ROLE WHILST THE COURTIS EXERCISING THEIR JUDICIAL FUNCTION.”
“The above statement does not convince me and I doubt, with almost 100% certainty that the information laid before the Clerk to theJustices is mindfully considered………”
“QUOTE:
“TO MAKE THE ABOVE ARRANGEMENT CLEAR, THE SUMMONS DOCUMENT DOES EMPHASISE THAT CUSTOMERS SHOULD NOT CONTACT THE MAGISTRATES’ COURT BUT RATHER THE COUNCIL TAX SECTION, WHOSE CONTACT DETAILS ARE PROVIDED INSTEAD. THE COURT HAS AUTHORISED BOTH THE FORMAT OF THIS LETTER AND THE ISSUE OF IT TO THE SPECIFIC PERSON. IT CARRIES THE CLERK TO THE JUSTICES SIGNATURE.”
“Customers having to contact the council over a court matter (presumably because the court can’t cope with the volume) is further evidence that this whole money making procedure is operated in a factory manner.
I have seen typical signatures of the Clerk to the Justices on summons documents and those I have witnessed have without doubt been doctored onto them.”
Liability orders obtained when the amount owed is less than £10 = 28 What’s all that about then?
