Friday 18 August 2023

Herefordshire Common Law NIP

An inspired document and recommended reading. Copied from the original pdf document. 


NOTICE OF INTENDED PROSECUTION

For the attention of:

Andrew Lovegrove acting in the capacity of Section 151 Officer for
Herefordshire County Council,
and
E
ach and every member of the Executive Board of Directors of Herefordshire County Council acting in their respective capacities for Herefordshire Council at:

Plough Lane Hereford HR4 0LE

Service date: February 1st. 2023
This
Notice of Intended Prosecution is issued in accordance with the listed Statutory Duties DCLG_054: requirement to ensure transparency - (Local Government Act 1972 (LGA 1972). (Part VA) a statutory obligation of local government required to be adhered to by those in public service, obligating a duty of accountability to those they serve.

Introduction

During 2022 the executive management board of Herefordshire Council was challenged to verify the legality and lawfulness of the issuance of Council Tax to inhabitants of Herefordshire County and subsequent enforced collection.

Herefordshire Council has a lawful obligation of transparency and a public duty of accountability to the inhabitants of Herefordshire County over many issues including tax, but despite the legitimate questions raised by the Herefordshire Common Law Group, with regard to providing proof of obligation for County inhabitants to pay Council Tax, Herefordshire Council knowingly and deliberately ignored its lawful obligation of accountability and, instead, set about a deliberate and calculated process of harassment and abuse as the means to coerce inhabitants into paying the tax, while refusing, in any substantive way, to respond to the legitimate and lawful requests to provide the information, provision of that information being the lawful obligation of an accountable public employee who is being paid from public funds.

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As a consequence the executive management board of Herefordshire Council has knowingly and deliberately engaged in actions pursuant to demanding money with menaces and has strayed beyond the boundaries of civilised behaviour into the criminal jurisdiction of Fraud, specifically obtaining money by deception, and Racketeering, given that a fraud committed serially by using the same methodology is referred to as Fraudulent Practice in law.

Knowingly indulging in criminal activities is an extremely serious matter, and one that Herefordshire Council has, by default, admitted to have taken place as revealed under a process established through the issuance of Notices of Discovery, conducted on behalf of a member of the Herefordshire Common Law Group who was being systematically harassed for payment of Council Tax with no attempt by those accountable to provide the proof of obligation demanded under the legal Notices of Discovery served on the CFO for Herefordshire Council; a executive board member bearing unique responsibility, and personal liability, for each and every financial misdemeanour discovered under his tenure as described in the Local Government Act 1972, Section 151, as Herefordshire Council’s Section 151 Officer.

Andrew Lovegrove, acting in his capacity of Section 151 Officer for Herefordshire County, is hereby given twenty eight (28) days in which to provide written responses to specific questions, the answering of which has so far been avoided; failure to do so resulting, with no further notice, in the issuance of criminal proceedings to compel the Directors of Herefordshire County to appear in Court to provide under oath, under risk of perjury, answers to the serious legal issues raised by Herefordshire Common Law during 2022, in a public Court of record.

This action is being taken on behalf of specific members of Herefordshire Common Law as well as all inhabitants of Herefordshire County who have been, or are, subject to Council Tax. In particular those who have at any time since 1992, received summonses for non-payment of Council Tax or, since October 1st 2003, received or had payment of Council tax enforced using a Liability Order, plus any

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inhabitants who have been threatened or received threatening letters or subsequent enforcement actions after presentation of documents that have been agreed not to exist.

For the purposes of assisting expediency of your reply and to avoid wasting time we have already legally established, through a series of Notices of Discovery served on Andrew Lovegrove, acting in his capacity of Section 151 Officer for Herefordshire County, the following facts in Law, and having already been established in law, do not need to be addressed in your reply..

LIST OF AGREED FACTS AND DATE OF AGREEMENT:

(25th August, 2022)
Notice of Clarification & Mutual Understanding (General)
a) The Inhabitant and the entitled person are separate entities in law.
b) County Councils are responsible for discharging liabilities for inhabitants.
c) The entitled person is a company in statutory jurisdiction.
d) The entitled person may well be liable but the address the demand was sent to was

incorrect, as the entitled person is the property of the Crown Corporation.
e) Herefordshire Council is a company as defined in law.
f) Andrew Lovegrove is vicariously liable for all financial irregularities under both the

Local Government Act 1972, section 151 and the Consumer Protection Act 1987.

(7th December, 2022)
Notice of Non-Response & Mutual Understanding (Liability Orders)
Andrew Lovegrove agrees that there is NO liability order issued by Kidderminster Court on 16th September 2022 as no copy of ANY liability order was received after the Notice of Discovery to him on 8th November 2022.
Furthermore, no liability order or copy of a liability order has been received from Anne Shuker, Hereford Justice Centre, or from District Judge Strongman, Kidderminster Magistrates Court or

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Richard James Sutor, Director of Bristow and Sutor, enforcement agents.All that was supplied was a memorandum of entry in a signed letter from DJ Strongman, on October 18th, 2022, stating that a Liability Order was granted on 16th September, but no Liability Order.

SPECIFIC QUESTIONS TO BE ANSWERED

In order to be as clear as possible regarding the issues that must be addressed, it is required that Andrew Lovegrove, acting in the capacity as Section 151 Officer for Herefordshire Council, provide specific written answers to all the following questions, within twenty-eight (28) days of the service of this Notice of Intended Prosecution. Failure to do so will result, without further notification, in the issuance of private criminal prosecution against him and the executive directors of Herefordshire Council.

....................................

QUESTION 1
Obligation to pay Council Tax;
What laws, statutes and Acts of Parliament are relied upon by Herefordshire Council to justify the issuance of Council Tax demands on inhabitants of Herefordshire County?
• Provide a list and detailed explanation of where it is stated that the payment of Council Tax is an obligation within any statute, providing reference to the exact section and subsection that states such.

....................................

QUESTION 2
Obligation of the County Council to discharge the liabilities of the inhabitants;
If the entitled person is indeed liable for the payment of council tax, how does Herefordshire County Council obfuscate its liability, under Section 79, subsection 2, of the 1888 Local Government Act, to discharge that liability on behalf of the inhabitants of the County of Herefordshire?
• Again, provide a detailed explanation of where it is stated in any subsequent statutory act that postdates section 79 subsection 2 of the 1888 Local Government Act, that the payment of any liability

of the entitled person does not have to be discharged by the Council of a County on behalf of the inhabitants of that County with reference to the exact section and subsection of any subsequent act that states such.

....................................

QUESTION 3
RE: The issuance of summonses for non-payment of Council tax.
What are the laws, statutes, special exceptions or Acts of Parliament that sanction Court summonses being issued by Herefordshire Council, as opposed to by the Court; summonses, addressed and posted to entitled persons (companies), and not to inhabitants, being delivered unsigned and bearing no name, mark, stamp or insignia or seal of the Court, or of the Council, or signed by any responsible individual employed by the Court or the Council, for its issuance?
• Specifically explain how this is considered to be legal and lawful practice with relation to Section 44 of the Companies Act 2006 and with Section 78 of the1888 Local Government Act where the constitutional separation of powers under English Law is specifically referenced in relation to the restrictions of court powers regarding local government.

....................................

QUESTION 4
RE: Engagement of externally contracted enforcement agents
What laws, statutes or special privileges are claimed to have been granted to the service corporation named Herefordshire Council that enables it to engage the services of 3rd-party enforcement agents or corporations that exempts both parties under GDPR regulations in relation to sharing private data without the creation of a Deed of Assignment or the issuance of a Notice of Assignment to the alleged debtor.
• Specifically frame your reply with reference to the 1925 Law of Property Act, Section 136, and Section 196 (subsection 3) and the Data Protection Act 2018.

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IN CONCLUSION

This Notice of Intended Prosecution is required to be responded to by providing detailed answers to ALL questions posted. Failure to comply with the demand WILL result in the issuance, with no further warning, of criminal proceedings against those notified in this document

Your detailed reply must be forwarded to the Advocate and elected Common Law Justice of the Peace for Herefordshire Common Law, Herman-Austin, whose email contact details are known to you, on or before the final expiry date, the limit for that being twenty-eight (28) days following service.

IMPORTANT

SERVICE OF THIS DOCUMENT WILL BE MADE IN PHYSICAL FORMAT AT THE OFFICES OF HEREFORDSHIRE COUNCIL AS WELL AS IN ELECTRONIC FORMAT TO SPECIFIC BOARD EXECUTIVES OF HEREFORDSHIRE COUNCIL.

ADDITIONALLY, ELECTRONIC COPIES WILL BE SENT TO ALEXANDER JESSE NORMAN, GOVERNMENT MINISTER OF STATE AND MEMBER OF PARLIAMENT FOR SOUTH HEREFORDSHIRE AND TO WILLIAM DAVID WIGGIN, MEMBER OF PARLIAMENT FOR HEREFORDSHIRE NORTH.

For and on behalf of Herefordshire Common Law:

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