Having written much about council tax and had much experience of the lies and deception used by Local Authorities here is some useful information on the subject and their court procedure.
Am I liable to pay Council Tax?
Liability to pay Council Tax actually comes from The Poor Laws and not The 1992 Local Government Finance Act (which is what all those administering Council Tax will tell you.)
Being a Registered Person on a Roll means there is a Liability to pay through the Registration of a Person by a Parish. The Poor Laws of Britain meant Councils owed you a “duty of care” as you are their Registered property through The Crown ( Pauper). In return you are liable to pay any taxes and have been given certain obligations.
The Poor Laws meant that if you were vagrant, delinquent or unemployed you coud be put in front of The Magistrate and dealt with accordingly. This was the slave bond which put people in The Poor House where you would wear the P for Pauper which has now been transferred to your passport (Check passport type and it will state P in black capitals which means not only are you a Pauper but recognized as being Dead or Lost at Sea) As you agreed to the terms and conditions of the passport you have fully accepted them.
What happens when you dont pay?
Well, they do have choices. You can be imprisoned if you agree to it, yes you have to be very negligent with your property (person) for that to happen but some people eventually let the Courts do this, you do not have to!
The process is administrative and in order to save money it is not a real court matter unless they decide to go for bankruptcy or apply for a charge against your property. (I went through the whole process and it is a complete scam with the Royal Courts Of Justice complicit.) These bankruptcy petitions can be thwarted but as we know, if you let them do it they will! Its only commerce after all.
They can issue a summons which they print. Yes the Council print the summons. This means it has no authority and Council Tax hearings are just that, they are not a Court matter. This means their costs for Court and issuing their “summons” can easily be quashed.
If you pay something on your council tax before their administrative hearing you can have the whole process put back to square one as they cannot pursue you for the debt if you have offered remedy.
As you can automatically pay money into your council tax account they will ALWAYS accept your remedy whether they like it or not! Most of the time the council will get most things wrong in court.
The Council hires a room in a building known as a court. If you call the court they will know nothing about the matter and refer you back to the council.
The council are often in error so the fact that it is not a real court is a good excuse for their lies and maladministration to go unpunished.
They will then print their own “ Notice of liability”, this is not a writ or order and has no standing. If you ask for a true copy of a court liability order for Council Tax you are in for some ridiculous excuses and an indefinite silence.
When you challenge the council and counterclaim against them as I did the bulk hearing number on their “summons” becomes a REAL court case number.
In the world of administrative corner cutting and usurping the Rule of Law they have to try to at least make it look authentic.
When they hand the matter over to their “bailiffs” or debt collectors to be more precise we now know that in council tax cases they cannot be working for the Court. These bailiffs also make up their own fees. They also state that they are acting on a court liability order…well they are not, they are just acting.
I have had a lot of fun with so called bailiff companies, you can too.
There will be more info on Council Pantomime Courts coming soon.
Here is a bit of fun from a few years ago. It features a Council Tax hearing where it was asked if the matter be heard in a real court. The initial approach was “Iam am not the legal fiction”, the birth certificate was placed in the dock. All good fun but of no relevance in the pantomime kangeroo council court.
The pantomime continued as the Clerk and Magistrates struggled to follow procedure. The police are called by both the public gallery and Magistrates. The panto villains were revealed later as the so called “liability order” (A signature for all of the so called cases signed for by a magistrate) was issued before the so called hearing. It is good drama with villains, heroes , good and bad policemen, magistrates and clerk playing their roles with Dickensian Zeal.