Due Process and council procedures

From UK author Martin Geddes. The same principles of (not) due process are being used in Australia.
Full article at: https://newsletter.martingeddes.com/p/how-due-process-can-stop-the-council

A glimmer of of hope

A recent court win in a council tax case points the way. The case was decided on 21st September 2023 in the High Court, KBD Swansea in favour of a Mr Leighton. He was awarded £4,000 against debt collectors Bristow and Sutor, acting in alliance with City of York Council. The essence is that they were attempting an unlawful Council Tax debt collection process that failed to evidence the liability order, for which Mr Leighton was entitled to damages. Money talks, and when this scam is unprofitable for its agents, it naturally ends.

What is critical is less the precedent set, but rather the judge’s comments as reported by campaigner Mr Patterson on social media: “His Lordship Harrisson condemned the process of how Council Tax liability orders are obtained and held it is time for reform, concurring with my submission that the process raises issues under Article 6 ECHR. He also questioned their validity, holding that they don’t actually constitute a court order at all”. The higher courts are noticing that these rubber stamp courts are problematic, and will no doubt sense the threat to their own legitimacy if they give it a pass.

Council Tax liability orders are operating under an administrative framework that only provides “law theatre”. They are attempting to entrap living men and women, acting under common law, into maritime law, and trick you into accepting their liabilities and liens. The whole process is treasonous, and bears the highest level of criminal penalties as a result. Until we see a paradigm change in our system of law and government, it is our duty to push back using the tools at our disposal. We can no longer afford to remain passive in this matter.

Due process is the weakest point in Council Tax, as it is very simple to understand — “show me the court order you claim exists”. We now have proven it is a winning strategy in court, too. It aligns both the public perception with the legal problem, and avoids getting mired in complex issues of jurisdiction, trust law, and legislation. The job is to delegitimise both the unlawful tax, and those who enable its collection via criminal means. All we have to do is insist on lawfulness, and protest loudly when it is missing — so this becomes a mass movement for justice.

Posted by PMA admin