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What Makes Council Tax Unlawful?

23 Nov

Our friends at FreedomRebels (http://www.freedomrebels.co.uk/) have produced a presentation of thier recent gathering in Brighton. Here’s it is in non-PDF form:

From: http://www.weebly.com/uploads/5/8/9/2/589216/freedom_rebels-brighton_meeting_21-11-2011.zip

COUNCIL TAX
ITS GOT TO GO!
(along with those that try and enforce it upon us!)

What Makes Council Tax Unlawful?

1. It’s a statute – Blacks Law says “statutes are not law”

What is a Statute …
A legislative rule of society given the force of Law by consent of the governed
http://www.tpuc.org/content/closer-look-statutes-1

2. The Council issues Summonses (Not The Court) – this is unlawful

When the a Council issues its own pre stamped summons (criminal /quasi criminal)

Gateshead Justices,ex p.Tesco Stores Ltd [1981] Q.B.470,DC. a summons must be issued in accordance with Justice Clerks Rules 2005 (S.I.2005 No.545) The granting of summonses is more than a rubber stamping exercise. The person issuing the summons must be authorised to do so and must scrutinise the information to satisfy themselves that the requirements are met and a summons properly granted. See Tesco Stores Ltd [1981] Q.B.470,DC. ARCHBOLD 4-77 PAGE 177 Magistrates criminal

When the the council won’t give you any information about your court case (Disclosure)

Jespers v Belgium, ante and in the “equality of arms” principle imposes on prosecuting and investigating authorities an obligation to disclose any material in their possession, or to which they could gain access, which may assist the accused in exonerating himself or in obtaining a reduction in sentence. This principle extends to material which might undermine the credibility of a prosecution witness (ibid.,para.58) Non disclosure of evidence relevant to credibility may also raise an issue under Article 6(3)(d: Edwards v UK.,15 E.H.R.R Op. Comm., para 50) The prosecutions duty of disclosure: Archbold 16-83, page 1755 criminal pleading evidence & Practice.

When the judge won’t tell you his name or the court won’t tell you the magistrates name.

‘The Anonymous JP’.” ‘Regina v Felixstowe’
“The Court is required to provide this information to the parties in the case, and any others having an interest in the case (i.e. witnesses etc.) by virtue of the judgement in the case ‘Regina v Felixstowe’ justices ex parte Leigh and another, Queens bench division c 1984/5. Held by Lord Justice Watson that :- There is a right to know who sits in judgement, and denial of that right is unlawful, unwarranted and inimical to the proper administration of justice, further that there is no such person known to Law as ‘the anonymous JP’.”

3. They don’t have any liability orders

http://www.nocounciltax.com/councils/finally-council-admits-council-tax-liability-orders-exist/

WHY IS THIS IMPORTANT?
Because of the threat of Prison and the disclosure rules!


4. STICK OF DYNAMITE No 1 – Roger Hayes – The Legal Fiction

A) MR. ROGER HAYES was being made bankrupt
B) Roger Hayes – Would NOT sign anything from the Official Receiver
C) Roger Hayes – Was threatened with Prison (They Backed Down on a pretence)

EVENTUALLY …  The Official Receiver applied to the court for an “Indefinite Adjournment” on the
bankruptcy!

  1. GET ALL YOUR ASSETTS INTO TRUST
  2. LET THEM MAKE THE STRAWMAN BANKRUPT
    1. They cant touch the assets belonging to the trust
    2. They cant send us ALL to prison
  3. THEN SEND EVERYTHING TO THE OFFICIAL RECEIVER
    1. Gas / Electricity Bills
    2. Council Tax
    3. Speeding Tickets
    4. Fines

ITS HIS JOB TO DEAL WITH IT ONCE YOUR STRAWMAN IS BANKRUPT!

5. STICK OF DYNAMITE No 2 – Pay the Council Tax Bill Lawfully

A Lord Denning judgement that says a bill of exchange once tendered has to be treated as cash . . .

The principle is that a bill, cheque or note is given and taken in payment as so much cash, and not as merely given a right of action for the creditor to litigate a counterclaim (see Jackson v Murphy [1887] 4 T.L.R. 92).

We have repeatedly said in this court that a bill of exchange or a promissory note is to be
treated as cash. It is to be honoured unless there is some good reason to the contrary

(see per Lord Denning M.R. in Fielding & Platt Ltd v Selim Najjar [1969] 1 W.L.R. 357 at 361; [1969] 2 All E.R. 150 at 152, CA)

  1. Send the Council A Certified Promissory Note – or …
  2. Present A Certified Promissory Note Into the Court under Part 36 / 37 CPR A)
    1. This means that it is now the COURT is giving the council the payment NOT YOU meaning that the Council is now rejecting the COURTS payment!
  3. If the Council reject it stating that they can’t accept it …
    1. Tell the Judge it’s a “Legal Specie Of Money” pursuant to section 42 of the Bills of Exchange act 1882 and as such cannot be rejected.
  4. If the council STILL reject it then do the following before the court.
  1. Get a Banknote out of your pocket and hand it up to the Judge and ask him to ask the council if they will accept these notes in payment of the alleged debt. (the council will say “of course”)
  2. Then simply ask for it back and ask the Judge to get the Council to PROVE why they can accept one kind of promissory note (One that is NOT compliant with the bills of exchange act 1882) and yet they seem unable or unwilling to accept your promissory note which is complaint with the BOE 1882 (S.42)
  3. The judge should send them away to ask them to prove this to court – THEY CANT!

6. STICK OF DYNAMITE No 3 – All administrative courts are UNLAWFUL

Lord Diplock stated … (its recorded in HALSBURYS) “All administrative courts are illegal and can never be legislated into existence

ANY COURT WITHOUT A JURY PRESENT IS AN ADMINISTRATIVE COURT!

All Judges take the Judicial Oath when they are sworn in:  “I will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace/Judge, and I will do right to all manner of people after the laws and usages of the realm without fear or favour, affectation or ill-will

‘Administrative Law’ (so called) forms no part of ‘the laws and usages of the realm’ – which Judges swear to the Sovereign to uphold via Promissory Oath that binds them to a specific course of conduct – otherwise they cannot be said to perform their judicial duties impartially.

Performing administrative acts on behalf of the executive is incompatible with the terms of the Oath, which Judges take when they are created under Section 2 of the Promissory Oaths Act 1868, which every Judge must take. A breach of that Oath is perjury.

If the argument is that Common Law has no basis in administrative law proceedings (and therefore is irrelevant), it should be noted that administrative law has not been sanctioned by Parliament. It should also be noted that the crime of murder is a Common Law crime (“manslaughter”, etc. are Statutory … but “murder” still remains Common Law). Thus to disavow the Common Law, disavows the crime of murder. The consequence would be that someone could pre-meditate to take the life of another (without, necessarily, requiring any reason whatsoever!), and no crime would have been committed in that a circumstance. This is the absurd position we would all be in, without the protection of the Common Law.

Actions which overthrow and subvert the laws and Constitution of the Kingdom and which would lead to the destruction of the Constitution are unlawful”.

The case of R V Thistlewood (1820) established that “To destroy the Constitution of the country is an act of treason”.

Halsbury’s Administrative Law 2011 confirms that administrative law is (nothing more than) an arrangement between the Executive and the Judiciary. And that the Law is absolutely clear on this subject. There is NO authority for administrative courts in this country, and NO Act could be passed to legitimise them.

HERE IS THE REMEDY

GET THE JUDGE / MAGISTRATES ARRESTED!!!! 

  1. Always go in numbers to the courts (Weight of Evidence)
  2. Bring a Constable Into Court
  3. Brief the constable
  4. Ask the Magistrate / Judges for their names
  5. Ask “is this an administrative court?”
  6. When they say YES – Complete the form
  7. HAND IT TO THE CONSTABLE
  8. Watch The Fun!

http://www.mact.org.uk
Coming Soon

Some Resources For You:
HALSBURYS & CPR WHITE BOOK http://legal.fmotl.com
WORLDS LARGEST FREEMAN SOCIAL NETWORK http://www.freedomrebels.co.uk
Holding Public Servants Accountable: http://peoplespublictrust.com/
Setting up a Community Trust – become part of a New Reality: http://freetheplanet.net/ 

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One response to “What Makes Council Tax Unlawful?

  1. Sally

    2014-08-06 at 14:26

    yes I agree totally.
    I am following this route now , as I agree that all council tax is illegal and unenforceable.

     

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