Cyclone Posted July 3, 2012 Share Posted July 3, 2012 Exactly it's an ACT & ACTS need your consent to be enforced it's not law it only has the force of law WITH consent. It's an act of parliament. They certainly don't need your consent to be enforced, it is the law. As the supreme constitutional body within the UK an act of parliament is the law, with or without your consent or even knowledge. In the 19th century, A.V. Dicey, a highly influential constitutional scholar and lawyer, wrote of the twin pillars of the British constitution in his classic work An Introduction to the Study of the Law of the Constitution (1885). These pillars are the principle of Parliamentary sovereignty and the rule of law. The former means that Parliament is the supreme law-making body: its Acts are the highest source of English Law (the concept of parliamentary sovereignty is disputed in Scots Law, see MacCormick v Lord Advocate). The latter is the idea that all laws and government actions conform to principles. These principles include equal application of the law: everyone is equal before the law and no person is above the law, including those in power. Another is no person is punishable in body or goods without a breach of the law: as held in Entick v Carrington, unless there is a clear breach of the law, persons are free to do anything, unless the law says otherwise; thus, no punishment without a clear breach of the law. According to the doctrine of parliamentary sovereignty, Parliament may pass any legislation that it wishes. By contrast, in countries with a codified constitution, the legislature is normally forbidden from passing laws that contradict that constitution: constitutional amendments require a special procedure that is more arduous than that for regular laws.[7] Link to comment Share on other sites More sharing options...
Total Chaos Posted July 3, 2012 Share Posted July 3, 2012 Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992 (SI 1992/613) sets out the provisions for a billing authority to apply to a magistrate's court for a liability order for non payment of the Council Tax. The regulation goes on to state that the application is to be instituted by making a complaint to a Justice of the peace and requesting the issue of a summons directed to the liable person to appear before the court to show why he/she has not paid the sum which is outstanding. The summons must be authorised by a Justice of the Peace or by the Clerk to the Justices, and the person whose signature appears on the summons must have personally considered the complaint. A Justice's Clerk is empowered to consider a complaint and issue a summons, in the manner of a Justice of the Peace, by the Justice's Clerks Rules 1970. The task of signing a summons can be performed by the use of a facsimile signature, or a rubber stamped signature, of the Justice of the Peace or the Justice's Clerk signature. The Council (the billing authority), makes complaint to the Clerk to the Justices/Justice of the Peace by taking to the court a list of all persons against whom we wish to apply to the court for a liability order and relevant information. If the Clerk to the Justices or the Justice of the Peace agrees that the complaint is valid they sign a statement to confirm that they authorise the issuing of the summonses in respect of all persons on the complaint list. The billing authority then produces and serves the court summonses on behalf of the court. Simples:roll: Yes i know this.My point was that councils have been known to issue there own summons eg using council letter heads. Link to comment Share on other sites More sharing options...
Total Chaos Posted July 3, 2012 Share Posted July 3, 2012 Did we ever find out, if you can pay your council tax by credit card? Link to comment Share on other sites More sharing options...
eckithump Posted July 3, 2012 Share Posted July 3, 2012 I know that some individuals have resorted to paying their rent by credit card, it was in the news about 6 months ago. The reason being that the government are fleesing us with council tax & TV licence charges, fuel bills, food bills etc etc etc!!!!!!! It keeps your mind occupied by worrying you sick about what you owe so that you won't think about questioning what's going on in the world eg the banks owing billions in unpaid tax, blah de bla de bla you know the rest!!!!!!!!!!! Link to comment Share on other sites More sharing options...
1978 Posted July 4, 2012 Share Posted July 4, 2012 Did we ever find out, if you can pay your council tax by credit card? Pages ago, yes we did! And you normally can't, see; https://www.santanderbillpayment.co.uk/sheffieldcc/scripts/index.asp However, like most organisations that are owed money, I feel sure that if your council tax is, say, 12 months in arrears Sheffield City Council could find a way to accept such payment. I know some mortgage lenders may accept funds in such a constructive way, but only once the mortgage is well in arrears. Better to accept funds that way than have to go through expensive debt recovery legal actions, or write the debt off. The charges made by the credit card issuing companies to the council for accepting each transaction is greater than for debit card payments. In the interests of all council tax payers to raise as much revenue as possible at lowest cost, the council takes only debit card payments. That's normal for this sort of transaction. Link to comment Share on other sites More sharing options...
sushi Posted July 4, 2012 Share Posted July 4, 2012 Pay it at a paypoint. They accept credit card payment. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted July 4, 2012 Share Posted July 4, 2012 It is unlikely to be registered as Sheffield City Council is it? The Labour party is/was registered to Alistair Darling under UK something or something UK,cant remember. A local authority is a corporate entity [Local Government Act 1972 etc.] but it is not a company. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted July 4, 2012 Share Posted July 4, 2012 Exactly it's an ACT & ACTS need your consent to be enforced it's not law it only has the force of law WITH consent. Nonsense. An Act of Parliament becomes law by Royal Assent. No voters' consent is needed. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted July 4, 2012 Share Posted July 4, 2012 Yes i know this.My point was that councils have been known to issue there own summons eg using council letter heads. It's perfectly legitimate for Local Authorities to use their own letterheads. But a County Court summons, being a Court document, needs to comply with the Court rules re format. Link to comment Share on other sites More sharing options...
ShefStealth Posted July 4, 2012 Share Posted July 4, 2012 I think that Sheffield City Council don't want you paying your council tax bill by Credit Card, because if you do then it sets a contract up between them and the Credit Card company. Because the total sum of Council Tax is above £100, under the Supply of Goods and Services act 1982, a citizen could more easily argue that they are not getting the service that they are paying for or are entitled (e.g if for instance there is a bin strike, or the state of the highway causes you to hit a pothole and screw up your car). In this instance, you could push your Credit Card company to refund you your money paid and have the Credit Card company go into dispute with the Council on your behalf as the money was originally paid by Credit Card that they accepted hence the contract was made between SCC and the Credit Card company on your behalf. SCC don't want to have to get into these sorts of legal wrangles and difficulties, as Credit Card companies invariably have the clout to put the right kind of lawyers into these sorts of disputes. Being financial institutions, they have the real power. Governments invariably wish to keep their citizens suppressed, as without that power then they feel that chaos would ensue Link to comment Share on other sites More sharing options...
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