Council Tax Liability Order Applications Court Costs – Test Case

[Milo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

The very popular Freedom of Information website, What Do They Know has posted the following message on their website regarding the behaviour of Outlawlgo:

This user has been banned from WhatDoTheyKnow


They have been given the following explanation:


You have continued to use our service to make potentially defamatory allegations, despite repeated warnings.

PS: On their website, Outlawlgo is known as fFaudwAtch

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

HM Courts & Tribunal Service has forwarded the complaint about the Justices' Clerk to the Justices' Clerk to respond.


From: HMCTS Customer Service (Correspondence)
To: 'outlawlgo'
Sent: Wednesday, June 29, 2016
Subject: outlawlgo: Complaint - Grimsby Magistrate's court

Dear Mr outlawlgo

Thank you for your email.

I have forwarded your complaint to the Cluster Manager and Justices' Clerk and asked them to respond to you direct in line with HM Courts & Tribunals complaints procedure. Our team are only able to consider complaints at the 3rd stage of our complaints process. I appreciate that you have previously contacted the court but I must ensure they have an opportunity to respond to your complaint.

Further information on the complaints procedure can be found in the complaints leaflet 'EX343 - Unhappy with our service - what can you do?' :

http://hmctsformfinder.justice.gov.u...aflets_id=2781

Kind regards

Karen Warner | HM Courts & Tribunals Service | Customer Directorate

From: 'outlawlgo'
To: HMCTS Customer Service (Correspondence)
Sent: Thursday, November 17, 2016
Subject: Re: outlawlgo: Complaint - Grimsby Magistrate's court

Dear Ms Warner

I have not had any response from the Justices' Clerk, Alison Watts, regarding the complaint I sent on 25 June 2016. This comes at no surprise given her track-record in these matters.

Could you please advise on the appropriate action to take because the chances of this matter ever being addressed whilst the Justices' Clerk herself is responsible for investigating is zero as far as I'm concerned.

Yours sincerely

[spirit2534]

Re: Council Tax Liability Order Applications Court Costs – Test Case


This is almost certainly a revenue scam.; why no outrage

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

This is almost certainly a revenue scam.; why no outrage

You would think with the significant amount of people having this disproportionate amount of money added in penalties to their council tax bills that there would be more outrage.

If everyone summonsed to the court actually turned up and demanded (as they are entitled) a hearing before the bench then a complete review of the approach would have to take place, i.e., taking a back seat to the council tax processing system.

Instead of relying on the process which is entirely automated, councils would have to make a conscious decision as to whether it is reasonable to exercises discretion in pursuing recovery through the Magistrates' court. The Council Tax Regulations in any event require that discretion is used.

[Adamna]

Re: Council Tax Liability Order Applications Court Costs – Test Case

The councils have a fairly determined set of corrupt foot soldiers that form a bailey to prevent entry to the 'inner court'. Breaking through will meet supreme disinterest in your cause, but it would at least tip the scales of manageability and realisation that those thousands of names are real people.

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

HM Courts & Tribunal Service has forwarded the complaint about the Justices' Clerk to the Justices' Clerk to respond.


From: HMCTS Customer Service (Correspondence)
To: 'outlawlgo'
Sent: Wednesday, June 29, 2016
Subject: outlawlgo: Complaint - Grimsby Magistrate's court

Dear Mr outlawlgo

Thank you for your email.

I have forwarded your complaint to the Cluster Manager and Justices' Clerk and asked them to respond to you direct in line with HM Courts & Tribunals complaints procedure. Our team are only able to consider complaints at the 3rd stage of our complaints process. I appreciate that you have previously contacted the court but I must ensure they have an opportunity to respond to your complaint.

Further information on the complaints procedure can be found in the complaints leaflet 'EX343 - Unhappy with our service - what can you do?' :

http://hmctsformfinder.justice.gov.u...aflets_id=2781

Kind regards

Karen Warner | HM Courts & Tribunals Service | Customer Directorate

From: 'outlawlgo'
To: HMCTS Customer Service (Correspondence)
Sent: Thursday, November 17, 2016
Subject: Re: outlawlgo: Complaint - Grimsby Magistrate's court

Dear Ms Warner

I have not had any response from the Justices' Clerk, Alison Watts, regarding the complaint I sent on 25 June 2016. This comes at no surprise given her track-record in these matters.

Could you please advise on the appropriate action to take because the chances of this matter ever being addressed whilst the Justices' Clerk herself is responsible for investigating is zero as far as I'm concerned.

Yours sincerely

From: 'outlawlgo'
To: HMCTS Customer Service (Correspondence)
Sent: Thursday, November 24, 2016
Subject: Fw: outlawlgo: Complaint - Grimsby Magistrate's court

Dear Sir/Madam

Re: Grimsby Magistrates' court Complaint - 25 June 2016

I would like acknowledgement of the email I sent on 17 November 2016 and confirmation that my complaint is being looked into.

Yours sincerely

From: HMCTS Customer Service (Correspondence)
To: 'outlawlgo'
Sent: Friday, November 25, 2016
Subject: RE: outlawlgo: Complaint - Grimsby Magistrate's court

Dear outlawlgo

Thank you for your email of 24 November. I am sorry that you did not get an acknowledgment of your email of 17 November. I can confirm that we received it and have asked the court to respond to your complaint.

Yours sincerely

Anisul Haque

Customer Investigations Officer | Customer Investigations Team

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

From: 'outlawlgo'
To: HMCTS Customer Service (Correspondence)
Sent: Thursday, December 08, 2016
Subject: Re: 'outlawlgo': Complaint - Grimsby Magistrate's court

Dear Anisul Haque

You will be aware from previous emails that my complaint has been with the Justices' Clerk, Alison Watts, for approaching 6 months and have not yet received any indication that an investigation is underway.

I have discussed the matter with a caseworker at the Parliamentary Ombudsman yesterday and have been advised to contact my MP to request that the Ombudsman intervene. However, before I do so I need to allow HMCTS another opportunity to provide a response within a reasonable time frame and so formally asking that a date is given by which I can expect the outcome.

Yours sincerely

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

From: outlawlgo
To: .....mp@parliament.uk
Sent: Tuesday, December 20, 2016
Subject: HM Courts & Tribunal Service Customer Investigations Team

Dear Melanie Onn

Re: HM Courts & Tribunal Service Customer Investigations Team

I have discussed my concerns with the Parliamentary Ombudsman (7 December) about a failure to get a response to a complaint formally submitted to HM Courts & Tribunal Service. The caseworker advised I contact you to request that the Ombudsman intervene if the court continues to be uncooperative.

As set out in my December 8 correspondence below I have given the Customer Investigations Team further opportunity to respond which the service has not taken.

The difficulty probably arises in the fact that the Investigations Team referred the complaint to the person whom my complaint concerns.

I would appreciated if you would ask the Ombudsman to intervene. The caseworker who I have communicated with on this matter is Mr Ian Conroy who can be contacted on telephone number:.......

Yours sincerely

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

From: "HMCTS"
To: "outlawlgo"
Sent: 03 January 2017 08:43
Attach:
Letter 13.12.16.pdf;
Letter 22.7.16.pdf;
Letter 28.11.16.pdf;
Final Case.pdf;
Letter 1.5.14.pdf;
Letter 15.4.16.pdf;
Letter 19.12.13.pdf;
Letter 20.2.14.pdf
Subject: Complaint submitted 25 June 2016

Dear outlawlgo,

Please find enclosed herewith responses sent to yourself by post in respect of your complaint sent to the Customer Service Unit on 25 June 2016, the first response was posted on 22 July 2016.

As you will see further letters were sent to you on 28 November 2016 and 13 December 2016 by post to the address below. At no time has any correspondence been returned to the sender by Royal Mail.

outlawlgo
Grimsby
North East Lincolnshire
DN32 XYZ

I also enclose herewith a copy of the letters sent (again by post) to the above address on 19 December 2013, 20 February 2014, 1 May 2014 and 15 April 2016 and the "case stated" document.

Can I ask would your preference for any future communications be sent solely by way of email, to ensure delivery?

[REDACTED]

If you remain dissatisfied with Ms Watts' reply of 22 July 2016, then you may of course request a review of the reply by the Cluster Manager for Humber & South Yorkshire. Any review must follow the complaint escalation procedure as you did with the response to your complaint dated 11 August 2016.

Yours sincerely

HMCTS

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

From: outlawlgo
To: HMCTS
Cc: Head of Legal NELC; Justices' Clerk
Sent: Thursday, January 05, 2017
Subject: Re: Complaint submitted 25 June 2016


Dear HMCTS

Thank you for your 3 January 2017 response and attachments.

I can confirm that none of the letters, stated to have been sent, have been delivered to me. The first time I have seen copies of them was 3 January 2017.

I had been informed on 23 February 2016 that the final case had been sent to me but unaware that the date it was sent was 19 December 2013 until seeing a copy of the cover letter on 3 January 2017.

The number of undelivered items sent by post which I'm now aware of in this matter totals 11, therefore, I would prefer future correspondence to be sent by email as you suggest.

I fully anticipate escalating my complaint to the next stage but my priority is lodging the application with the Administrative Office at the Royal Courts of Justice and therefore ask that a signed copy of the final case is sent to me to enable this (the copy I have is unsigned and marked "office copy").

It has been confirmed by North East Lincolnshire Council that it holds no record of the final case and suggest that a signed copy is also served on the Council in accordance with Part 35 of the Criminal Procedure Rules 2015 (35.3 sub-paragraph 9).

Yours sincerely

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

I fully anticipate escalating my complaint to the next stage but my priority is lodging the application with the Administrative Office at the Royal Courts of Justice and therefore ask that a signed copy of the final case is sent to me to enable this (the copy I have is unsigned and marked "office copy").

The signed copy of the 'case' has not yet been received. An employee of HMCTS with whom I spoke this morning stated that this had been arranged, but would in any event see to it that a scanned document (signed) will be sent as an email attachment.

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

From: JC-H&SY@hmcts.gsi.gov.uk
To: 'outlawlgo'
Sent: Wednesday, January 11, 2017 4:41 PM
Subject: Email request of 5 January 2017

Dear outlawlgo

I confirm that your email request of 5 January 2017 has been received at this office and is receiving attention.

You will receive the document requested and a reply to your message by 13 January 2017.

Yours sincerely

Celine Allerton
Legal Admin Team Leader - Humber & South Yorkshire Cluster
Doncaster Justice Centre South
College Road
Doncaster DN1 3HS
Tel: 01302 308300

[Adamna]

Re: Council Tax Liability Order Applications Court Costs – Test Case

It has been confirmed by North East Lincolnshire Council that it holds no record of the final case and suggest that a signed copy is also served on the Council in accordance with Part 35 of the Criminal Procedure Rules 2015 (35.3 sub-paragraph 9).

Doesn't this rather confirm that the final case stated was never despatched? Neither you nor the council received it, both are mandatory recipients.

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

Doesn't this rather confirm that the final case stated was never despatched? Neither you nor the council received it, both are mandatory recipients.

It's not just the final case that failed to reach the council. According to the 19 December 2013 cover letter from the Magistrates' court, the draft case also failed to reach the council.

19 December 2013

Re: Application to State a Case

I acknowledge receipt of your representations upon the draft case.

North East Lincolnshire Council sought an extension to the time in which they may submit representations on the draft case as the Council stated that they had not received the draft case. This request was granted.

Enclosed herewith is the final case.

If you wish to pursue your appeal, the case must be lodged with the Administrative Court Office at the Royal Courts of Justice within 10 days of receiving it from this office, and within four days of lodging the case, the you must serve on the Respondent a notice of entry of the appeal together with a copy of the case.

I shall be grateful if you would kindly acknowledge receipt of this correspondence and enclosure.

There is something adrift here because the council served representations electronically on both myself and the court on 9 September 2013. So even allowing for an extension, the final case should have been expected around 21 days after that as the relevant procedure rules stipulate. The final case is dated 18 December 2013 which is around 14 weeks after 9 September.

[outlawlgo]

Re: Council Tax Liability Order Applications Court Costs – Test Case

Email received today with attached cover letter dated 13 January 2017.

HM Courts &
Tribunals Service

13 January 2017

Dear outlawlgo

Please find attached electronic copy of the signed final case, as requested.

The Rules supervising the initial procedures for appeals by way of case stated from decisions of the magistrates' courts in respect of civil proceedings (council tax proceedings are civil proceedings) are not the Criminal Procedure Rules as you have suggested in your correspondence, but the Magistrates Courts Rules 1981 (MCR) and the Civil Procedure Rules 1998 (CPR) and Practice Direction 52E which supplements Part 52 of the CPR.

The MCR require service by the Court of the draft case upon both the applicant for a case to be stated and the respondent, but the final case is served only upon the applicant by the Court under the MCR. The Practice Direction states that it is for the appellant to lodge the final case in the Administrative Court within 10 days of receipt thereof, and to serve a copy of the final case upon the respondent within 4 days thereafter. Accordingly the final case has not been served on North East Lincolnshire Council by the Court as it is the duty of the appellant to do so.

I shall be grateful if you will acknowledge receipt of this correspondence and the final case.

Yours sincerely

Justices' Clerk - Humber and South Yorkshire