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Regulation 46 complaint – possible obstruction of justice

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  • Regulation 46 complaint – possible obstruction of justice

    Hello Forumers,

    I have a situation I find troubling that I hope you can help my friend/business associate with. I’ll get straight to the point.

    My friend filed a Regulation 46 complaint with our local magistrates court against our local council over a business rate issue under Regulation 46 of the Council Tax (Administration and Enforcement) Regulations 1992 as required.

    They had sent a bailiff that conducted a wholly unlawful enforcement process, forcing over £600 from their company card. I wasn’t there on the day, I wish I was!

    This was in October 2013. Since then the court has responded twice, taking a long time to do so and issuing dismissive responses in a manner both my friend and I are uncomfortable with as it almost appears the court is attempting to frustrate her attempts at seeking justice.

    The court’s 1st reply was to say her complaint doesn’t appear to have grounds under Regulation 46 because, “there seems to be no attempt to levy a distress, no goods were seized”. This was from an Admin Officer with no name.

    When she wrote to complain about this ridiculous reply in light of the evidence provided to the contrary, she received another letter in December 2013 that she showed me that has left me even more uncomfortable as the court has asked her to pay £200 to continue with the Regulation 46 complaint when I can find no evidence that this is required to progress such a complaint.

    The court’s reason when challenged was, “to issue a private summons there is a fee of £200”. Again the reply was from an Admin Officer with no name.

    I could see nothing under Regulation 46 of the Council Tax (Administration and Enforcement) Regulations 1992 where a monetary amount is attached to her complaint. So what I would like to know is,

    1. Does the court have a lawful right to take a statutory complaint and turn it into a Private Summons?

    1. If so, would you please advise me/us as to the exact legislation and section of that regulation that allows them to do so?

    1. If no, how can we challenge this?

    1. Who do we complaint to?

    1. What is a Private Summons? What form is used to file a Private Summons?

    My friend wanted to take this lying down but due to the flawed nature of the council’s claim and the wholly unlawful enforcement conducted, I’ve told her to fight until she runs out of options.

    I would really appreciate a reply to these queries as I’m trying to ascertain whether a) she needs to file a Private Summons or not? and b) What are her chances if one is filed?

    I await your reply.

    With Regards,

    SOS Supplies Ltd
    Tags: None

  • #2
    Re: Regulation 46 complaint – possible obstruction of justice

    No one has any answers for me on this?


    • #3
      Re: Regulation 46 complaint – possible obstruction of justice

      Hi Marincor, Negus (are you the same person?)

      Not an expert, but it looks on the face of it as if they are not accepting the complaint as compulsive on their terms and are suggesting that you instigate a private prosecution

      “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell


      • #4
        Re: Regulation 46 complaint – possible obstruction of justice

        What was your actual complaint according to your Reg 46? From what I read you have no cause to file this as everything could go through normal channels.

        Be better off in the Council Tax Forum.


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