Court Case, Portsmouth Monday 13th. July

Court Case, Portsmouth Monday 13th. July

Postby ArturoDekko » Sat Jul 11, 2009 12:26 pm

Firstly, may I offer an open invitation to come and support/be entertained at Portsmouth County Court 10.00am Monday 13th. July. pm me if interested.

This is council tax stuff. They have had three Notices and appear to have accepted all of them but still keep harassing me for payment for something. There were two summons' the first one I sent Notice declining their offer as we were still in discussion and negotiation and the council were in default. Ignored the second summons as it was only about how to pay and there was to be no opportunity to contest anything or find remedy. Liability order was issued.

Man at door on Tue 7th issued levy notice with promise to return to steal chattels in 5 days. I made an Application for Injunction, with an Affidavit of Truth, on Thur. Succeeded in getting fee remission. Sat with a circuit judge who seemed dubious at first but seemed to change when I handed her my NOUICOR, notarised and served on Her Maj. Case was adjourned for this coming Mon. so the council can have a chance to defend themselves and there is at least a full hour for discussions. I am the claimant and they are the defendant. A turn of the tables! The court did not use Mr. and included the colons in my appellation so I am definitely appearing as a Flesh and Blood. I am believing that it is the defendant who has to prove that I have an obligation to them and that I have the sente (upper hand). There are so many approaches I could take, the most prominent of which is to have the council answer each of the questions in the notices a line at a time and each of the assertions in my NOUICOR. Also, I intend to hand the council agent an invoice book and challenge him to write me a true bill upon his full commercial liability and under penalty of perjury :8-): I am so excite and looking forward to this.

There was no remedy in the magistrates court but the injunction takes it into the county court where there is more remedy. This seems like a useful approach for other types of account too.

I have paperwork to collate now but will pop back to see if there are any replies and will post after the case on Mon.

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Re: Court Case, Portsmouth Monday 13th. July

Postby markie b » Sat Jul 11, 2009 1:04 pm

good on ya for fighting the good fight :wink: there is always remedy http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Crown+Court+(Confiscation%2c+Restraint+and+Receivership)+Rules+&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=829868&ActiveTextDocId=829902&filesize=1545


Version 1 of 1 Click to view attributes for this level
Compensation—general
14. — (1) This rule applies to an application for compensation under section 72 of the Act.
(2) The application must be in writing and may be supported by a witness statement.
(3) The application and any witness statement must be lodged with the Crown Court.
(4) The application and any witness statement must be served on—
(a)
the person alleged to be in default; and
(b)
the person by whom the compensation would be payable under section 72(9) of the Act (or if the compensation is payable out of a police fund under section 72(9)(a), the chief officer of the police force concerned),
at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court directs otherwise.
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Re: Court Case, Portsmouth Monday 13th. July

Postby Farmer » Sat Jul 11, 2009 1:10 pm

Hi Arturo, congratulations on your approach so far. It looks like by-passing the magistrates courts with a counter claim is promising.

Sat with a circuit judge who seemed dubious at first but seemed to change when I handed her my NOUICOR, notarised and served on Her Maj.


I am assuming you meant your NOUICOR served on the Queen. Do you know why the judge seemed dubious at first?
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Re: Court Case, Portsmouth Monday 13th. July

Postby ArturoDekko » Sat Jul 11, 2009 3:06 pm

Thanks for the encouragement guys.

markie b - Not following what you said. The link takes me to the UK statute law database, which is useful, but says file not found.

Farmer - Yes, NOUICOR served on the Queen and with estoppel. Judge started taking the track of, "When you purchased the house, you knew you would have to pay council tax." to which I replied, "If there were any contracts that I have signed, it was not in full cognisance of the facts and I do not believe there was full disclosure."
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Re: Court Case, Portsmouth Monday 13th. July

Postby jonboy » Sun Jul 12, 2009 9:16 am

It would be nice if you or a friend could record audio or even video of the event. :yes:
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Re: Court Case, Portsmouth Monday 13th. July

Postby markie b » Sun Jul 12, 2009 9:25 am

ArturoDekko wrote:Thanks for the encouragement guys.

markie b - Not following what you said. The link takes me to the UK statute law database, which is useful, but says file not found.

try copying and pasting the whole lot into a new browser bar :wink:
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Re: Court Case, Portsmouth Monday 13th. July

Postby kevin » Sun Jul 12, 2009 9:13 pm

Good luck. :shake: It sounds like your well on top of the case, I look forward to hearing how it went, I do hope you can record it so that you can do a transcript later
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Re: Court Case, Portsmouth Monday 13th. July

Postby Jono » Sun Jul 12, 2009 9:53 pm

ArturoDekko wrote:Thanks for the encouragement guys.

markie b - Not following what you said. The link takes me to the UK statute law database, which is useful, but says file not found.

Farmer - Yes, NOUICOR served on the Queen and with estoppel. Judge started taking the track of, "When you purchased the house, you knew you would have to pay council tax." to which I replied, "If there were any contracts that I have signed, it was not in full cognisance of the facts and I do not believe there was full disclosure."


Was that judge a part of the prosecution ? or was judge supposed to be an "impartial" adjudicator ? How come he is cross examining , has he got some buddies in the corporation of the crown ? And what is their, the councils legal status by the way ? Are they an unincorporated business ? and what is the legal status they presume of you ?

just thinking....... Ohhh what about asking the council and judge for "proof of claim of authority" ? :grin:
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Re: Court Case, Portsmouth Monday 13th. July

Postby freeman-matt » Mon Jul 13, 2009 8:42 am

good luck today brother,let them av it.Let us know how you get on,will be keeping an eye out for posts later.............love to all.................x
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Re: Court Case, Portsmouth Monday 13th. July

Postby markie b » Mon Jul 13, 2009 9:09 am

Jono wrote:Was that judge a part of the prosecution ? or was judge supposed to be an "impartial" adjudicator ? How come he is cross examining , has he got some buddies in the corporation of the crown ? And what is their, the councils legal status by the way ? Are they an unincorporated business ? and what is the legal status they presume of you ?

just thinking....... Ohhh what about asking the council and judge for "proof of claim of authority" ? :grin:


just to add to this if the judge is impartial who hired the court room and the magistrate also who is the prosicuting party working for surely not the council is this not conflict of intrest?
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