Improper Charging Order Challenge

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**WITNESS STATEMENT**
*. **Introduction**
- I am Gary John Taylor, not the all-capitals MR GJ TAYLOR of The Moorings, High Street, Barnby Dun, Doncaster, DN3 1DY, defending this matter. This formatting should not alter my lawful status as an individual.
- I make this statement to support the claim against The City of Doncaster Council and its representatives Scot Robert Fawcus, Miss Emily Lewin, Alan Stoves, and Damian Francis Allen in their personal capacities.
- Core issues: improper interim charging order, procedural breaches, discrimination, void orders.
*. **Events and Personal Impact**
- On * November *, I received notice of an interim charging order dated * October * issued by the council, based on a bulk list extract of liability enclosed in a letter dated * October * (Exhibit GJT1).
- I oppose the Claimant's application for the unlawful interim charging order on my personal property where I reside. My property is legally defined as a Dwelling-House under Halsbury's Laws, which is distinct from the broad term "dwelling"

as used in the Local Government Finance Act * (Exhibit GJT2). This distinction is critical as it affects the applicability and enforcement of the charging order under the relevant legal definitions.
*. **Violation of Individual Case Assessment**
- The bulk processing of liability orders without unique court case reference numbers for each defendant undermines the requirement for individual judicial consideration. This lack of individual case numbers contravenes the principles established in *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** (Exhibit GJT3).
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***. Single Justice Procedure (SJP) Misapplication**
- The use of the Single Justice Procedure (SJP), intended for minor offences, is inappropriate for complex council tax matters requiring detailed judicial review. Council tax cases must be handled with proper judicial consideration, not through SJP as highlighted in *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** (Exhibit GJT16).
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*. **Lack of Lawful Court Orders**
- The absence of lawful liability court orders and unique Court case numbers for the * defendants violates established legal principles. This procedural error contravenes the principles set out in *R v. Swindon Borough Council ex parte Roberts [*] EWHC Admin ** (Exhibit GJT3).
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***. Potential Impact on Defendants**
- The bulk processing approach without unique Court case numbers can lead to errors and unjust outcomes for defendants. It denies defendants the opportunity to have their cases individually reviewed and heard, compromising their legal, lawful and human rights.
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***. Request for Judicial Review**
- I request the court to review the procedural errors and misapplication of the SJP. I emphasize the need for individual case assessment and proper judicial consideration for each defendant to ensure correct procedure, fairness and justice.
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***. Claimant's Evidence**
- The Claimant's evidence includes an unlawful schedule of liability Orders dated * July *, listing * defendants (Exhibit GJT4).
- It is crucial for the Court to note that the extract relied upon by the Claimant is on the reverse side of this Order and is an unlawful liability order (Exhibit GJT5).
- The Claimant utilizes a schedule extract of liability from * July *, which included * defendants (Exhibit GJT6). Regardless, both extracts represent unlawful liability orders.
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***. Challenge to the Liability Order**
- I have requested detailed evidence laid with the Magistrates Court from the Claimants to substantiate the debt claimed, which has not been provided satisfactorily. This lack of evidence contravenes the principles set out in *Steel v. NRAM Ltd [*] UKSC ** (Exhibit GJT9).
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*. **Property Classification and Reassessment Based on Case Law**
- Key points distinguishing "dwelling" and "dwelling-house":
- **Dwelling**:
- Defined for council tax purposes as properties used or suitable for use as residences.
- Governed by the Local Government Finance Act * (Exhibit GJT10).
- Supported by case law such as *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin)* (Exhibit GJT11).
- **Dwelling-house**:
- Defined more specifically as a 'home' where one resides with all essential facilities for day-to-day living.
- Clarified in *Uratemp Ventures Ltd v. Collins [*] UKHL ** (Exhibit GJT14).
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***. Improper Application of Single Justice Procedure (SJP) in Council Tax Cases**
- The SJP, intended for minor offences, is unsuitable for complex council tax issues that demand comprehensive judicial review.
- Referencing *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** underscores the necessity for judicial oversight in council tax cases due to their complexity (Exhibit GJT16).
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***. Human Rights Act ***
- The Council's actions specifically violated my rights under Article * of the Human Rights Act *, which protects the right to respect for private and family life (Exhibit GJT18).
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***. Disability Discrimination Act ***
- Doncaster Council's actions may constitute discrimination due to my health conditions, contrary to the Disability Discrimination Act * (Exhibit GJT19).
- The Act mandates reasonable adjustments and prohibits any unfavourable treatment based on disability.
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***. Equality Act ***
- **Indirect Discrimination**: The Council's imposition of fines and additional costs disproportionately affects individuals with disabilities, violating the principle of equal treatment (Exhibit GJT21).
- **Failure to Make Reasonable Adjustments**: Despite my disability and significant health issues causing financial difficulties, the Council failed to adjust their approach or offer aid to accommodate my health issues and financial difficulties, in breach of their duty to make reasonable adjustments (Exhibit GJT22).
- **Harassment**: The Council has unfairly targeted me by adding unnecessary costs at every opportunity over the years, despite my repeated efforts to resolve these issues amicably. This has created an intimidating and hostile environment, constituting harassment (Exhibit GJT23).
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***. Void Orders**
- According to Shirley Lewald, a Solicitor Advocate with Higher Rights (Civil and Criminal Courts), an 'ORDER' in court is void if made without jurisdiction, breaks the law, or ignores due process (Exhibit GJT24). This principle is supported by various case laws:
- *Anlaby v. Praetorius (*)* (Exhibit GJT25)
- *Crane v. Director of Public Prosecutions [*]* (Exhibit GJT26)
- *Craig v. Kanssen [*]* (Exhibit GJT27)
- *MacFoy v. United Africa Co. Ltd. [*]* (Exhibit GJT28)
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***. Potential Damages and Remedies**
- I seek the following remedies and compensation for the damages caused by the actions of the City of Doncaster Council and its representatives, in their personal capacity:
- Compensation for financial losses incurred due to fines and additional costs, estimated at £*,* (Exhibit GJT29).
- Compensation for emotional distress and mental health impact, estimated at £*,*, taking into account the prolonged nature of the distress caused (Exhibit GJT30).
- Reimbursement of legal costs incurred due to defending against the interim charging order, estimated at £*,* (Exhibit GJT31).
- Full reimbursement of all council tax payments made under the incorrect classification of my property, estimated from May * to *, estimated but to be confirmed by the council at £*,* (Exhibit GJT32).
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***. References to Case Law and Statutory Provisions**
- The council's actions contravene the principles established in *Steel v. NRAM Ltd [*] UKSC ** and fail to adhere to the procedural requirements outlined in the *Local Government Finance Act ** (Exhibit GJT33).
- Their failure to consider my health conditions and financial difficulties constitutes a breach of the *Equality Act ** and the *Disability Discrimination Act ** (Exhibit GJT34).
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***. Improper Application of Single Justice Procedure**
- The misuse of the Single Justice Procedure (SJP) is evidenced in recent cases such as *Northern Trains Ltd v. Mark Ballington & Jade Wylie [*] EWHC*, *Northern Trains Ltd v. Sarah Cooke [*] EWHC*, and *Greater Anglian v. Joshua Baggaley, Paul Jenkins & Sarah McKenzie [*] EWHC* (Exhibit GJT35).
- These cases illustrate the SJP's unsuitability for complex matters requiring detailed judicial scrutiny and individual case consideration.
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***. Conclusion**
- Due to procedural improprieties, discriminatory actions, and improper use of the Single Justice Procedure, I respectfully request the court to:
- Dismiss the application for an interim charging order.
- Award compensation for financial losses, emotional distress, and legal costs.
- Consider legal precedents and evidence supporting my claims.
***. Relief or Remedy Sought**
- Void the interim charging order.
- Reimburse legal costs and council tax payments.
- Recognize and address procedural breaches and harassment.
- Compensate for financial losses and emotional distress.
***. List of Exhibits**
*. **Exhibit GJT1**: Notice of interim charging order dated * October *.
*. **Exhibit GJT2**: Definition of "Dwelling-House" under Halsbury's Laws and the Local Government Finance Act *.
*. **Exhibit GJT3**: *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin **.
*. **Exhibit GJT4**: Schedule liability Order dated * July *.
*. **Exhibit GJT5**:

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***. Exhibit GJT5**
- Extract on the reverse side of the Schedule liability Order dated * July *.

***. Exhibit GJT6**
- Schedule extract of liability from * July *.
***. Exhibit GJT7**
- Schedule liability order extract issued on * July *.
***. Exhibit GJT8**
- Unlawful schedule liability order issued on * July *.
***. Exhibit GJT9**
- *Steel v. NRAM Ltd [*] UKSC *.*
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***. Exhibit GJT10**
- Local Government Finance Act *.
***. Exhibit GJT11**
- *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin).*
***. Exhibit GJT12**
- *R (on the application of East Sussex County Council) v. Roberts [*] EWCA Civ *.*
***. Exhibit GJT13**
- *R (on the application of Williams) v. Horsham District Council [*] EWHC * (Admin).*
***. Exhibit GJT14**
- *Uratemp Ventures Ltd v. Collins [*] UKHL *.*
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***. Exhibit GJT15**
- Evidence of consistent council tax payments despite health challenges.
***. Exhibit GJT16**
- *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin *.*
***. Exhibit GJT17**
- *Steel v. NRAM Ltd [*] UKSC *.*
***. Exhibit GJT18**
- Article * of the Human Rights Act *.
***. Exhibit GJT19**
- Disability Discrimination Act *.
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***. Exhibit GJT20**
- Equality Act * - Direct Discrimination.
***. Exhibit GJT21**
- Equality Act * - Indirect Discrimination.
***. Exhibit GJT22**
- Equality Act * - Failure to Make Reasonable Adjustments.
***. Exhibit GJT23**
- Equality Act * - Harassment.
***. Exhibit GJT24**
- Statement by Shirley Lewald, Solicitor Advocate.
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***. Exhibit GJT25**
- *Anlaby v. Praetorius (*).*
***. Exhibit GJT26**
- *Crane v. Director of Public Prosecutions [*].*
***. Exhibit GJT27**
- *Craig v. Kanssen [*].*
***. Exhibit GJT28**
- *MacFoy v. United Africa Co. Ltd. [*].*
***. Exhibit GJT29**
- Documentation detailing financial losses incurred due to the council's actions.
***. Exhibit GJT30**
- Evidence of emotional distress and mental health impact caused by the council's actions.
***. Exhibit GJT31**
- Records of legal costs incurred due to the council's actions, seeking reimbursement.
***. Exhibit GJT32**
- Documentation supporting the claim for reimbursement of council tax payments made.
***. Exhibit GJT33**
- *Steel v. NRAM Ltd [*] UKSC ** and Local Government Finance Act *.
***. Exhibit GJT34**
- Equality Act * and Disability Discrimination Act *.
***. Exhibit GJT

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***. Exhibit GJT35**
- *Northern Trains Ltd v. Mark Ballington & Jade Wylie [*] EWHC.*
- *Northern Trains Ltd v. Sarah Cooke [*] EWHC.*
- *Greater Anglian v. Joshua Baggaley, Paul Jenkins & Sarah McKenzie [*] EWHC.*
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**Conclusion and Final Points**
- Due to procedural improprieties, discriminatory actions, and improper use of the Single Justice Procedure, I respectfully request the court to:
- Dismiss the application for an interim charging order.
- Award compensation for financial losses, emotional distress, and legal costs.
- Consider legal precedents and evidence supporting my claims.
**Relief or Remedy Sought**
- Void the interim charging order.
- Reimburse legal costs and council tax payments.
- Recognize and address procedural breaches and harassment.
- Compensate for financial losses and emotional distress.
**List of Exhibits**
*. **Exhibit GJT1**: Notice of interim charging order dated * October *.
*. **Exhibit GJT2**: Definition of "Dwelling-House" under Halsbury's Laws and the Local Government Finance Act *.
*. **Exhibit GJT3**: *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin **.
*. **Exhibit GJT4**: Schedule liability Order dated * July *.
*. **Exhibit GJT5**: Extract on

the reverse side of the Schedule liability Order dated * July *.
*. **Exhibit GJT6**:
- Schedule extract of liability from * July *.
*. **Exhibit GJT7**:
- Schedule liability order extract issued on * July *.
*. **Exhibit GJT8**:
- Unlawful schedule liability order issued on * July *.
*. **Exhibit GJT9**:
- *Steel v. NRAM Ltd [*] UKSC *.*
*. **Exhibit GJT10**:
- Local Government Finance Act *.
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***. Exhibit GJT11**
- *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin).*
***. Exhibit GJT12**
- *R (on the application of East Sussex County Council) v. Roberts [*] EWCA Civ *.*
***. Exhibit GJT13**
- *R (on the application of Williams) v. Horsham District Council [*] EWHC * (Admin).*
***. Exhibit GJT14**
- *Uratemp Ventures Ltd v. Collins [*] UKHL *.*
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***. Exhibit GJT15**
- Evidence of consistent council tax payments despite health challenges.
***. Exhibit GJT16**
- *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin *.*
***. Exhibit GJT17**
- *Steel v. NRAM Ltd [*] UKSC *.*
***. Exhibit GJT18**
- Article * of the Human Rights Act *.
***. Exhibit GJT19**
- Disability Discrimination Act *.
***. Exhibit GJT20**
- Equality Act * - Direct Discrimination.
***. Exhibit GJT21**
- Equality Act * - Indirect Discrimination.
***. Exhibit GJT22**
- Equality Act * - Failure to Make Reasonable Adjustments.
***. Exhibit GJT23**
- Equality Act * - Harassment.
***. Exhibit GJT24**
- Statement by Shirley Lewald, Solicitor Advocate.
***. Exhibit GJT25**
- *Anlaby v. Praetorius (*).*
***. Exhibit GJT26**
- *Cr

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***. Exhibit GJT26**
- *Crane v. Director of Public Prosecutions [*]*.

***. Exhibit GJT27**
- *Craig v. Kanssen [*]*.

***. Exhibit GJT28**
- *MacFoy v. United Africa Co. Ltd. [*]*.
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***. Exhibit GJT29**
- Documentation detailing financial losses incurred due to the council's actions.
***. Exhibit GJT30**
- Evidence of emotional distress and mental health impact caused by the council's actions.
***. Exhibit GJT31**
- Records of legal costs incurred due to the council's actions, seeking reimbursement.
***. Exhibit GJT32**
- Documentation supporting the claim for reimbursement of council tax payments made.
***. Exhibit GJT33**
- *Steel v. NRAM Ltd [*] UKSC ** and Local Government Finance Act *.
***. Exhibit GJT34**
- Equality Act * and Disability Discrimination Act *.
***. Exhibit GJT35**
- *Northern Trains Ltd v. Mark Ballington & Jade Wylie [*] EWHC.*
- *Northern Trains Ltd v. Sarah Cooke [*] EWHC.*
- *Greater Anglian v. Joshua Baggaley, Paul Jenkins & Sarah McKenzie [*] EWHC.*
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**Conclusion and Final Points**
- Due to procedural improprieties, discriminatory actions, and improper use of the Single Justice Procedure, I respectfully request the court to:
- Dismiss the application for an interim charging order.
- Award compensation for financial losses, emotional distress, and legal costs.
- Consider legal precedents and evidence supporting my claims.
**Relief or Remedy Sought**
- Void the interim charging order.
- Reimburse legal costs and council tax payments.
- Recognize and address procedural breaches and harassment.
- Compensate for financial losses and emotional distress.
**List of Exhibits**
*. **Exhibit GJT1**: Notice of interim charging order dated * October *.
*. **Exhibit GJT2**: Definition of "Dwelling-House" under Halsbury's Laws and the Local Government Finance Act *.
*. **Exhibit GJT3**: *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin **.
*. **Exhibit GJT4**: Schedule liability Order dated * July *.
*. **Exhibit GJT5**: Extract on

Certainly, here is the revised paragraph addressing all breaches and including the Equality Act:
*. **Conclusion**
- Due to procedural improprieties, discriminatory actions, breaches of the Equality Act *, and improper use of the Single Justice Procedure, I respectfully request the court to:
- Void the interim charging order.
- Reimburse legal costs and council tax payments.
- Recognize and address procedural breaches and harassment.
- Compensate for financial losses and emotional distress.

*. **Conclusion**
- Due to procedural improprieties, discriminatory actions, breaches of the Equality Act *, improper use of the Single Justice Procedure, and lack of lawful liability orders, I respectfully request the court to:
- Void the interim charging order.
- Reimburse legal costs and council tax payments.
- Recognize and address procedural breaches and harassment.
- Compensate for financial losses and emotional distress.

- Due to procedural improprieties, discriminatory actions, breaches of the Equality Act *, improper use of the Single Justice Procedure, lack of lawful liability orders, and using the Civil National Business Centre instead of a lawful court, I respectfully request the court to:
- Void the interim charging order.
- Reimburse legal costs and council tax payments.
- Recognize and address procedural breaches and harassment.
- Compensate for financial losses and emotional distress.

In England, charging orders are generally issued by county courts, not business centres. Therefore, if the interim charging order was issued by the Civil National Business Centre, you should inform the court of this procedural error.
Here is the revised paragraph:
*. **Conclusion**
- Due to procedural improprieties, discriminatory actions, breaches of the Equality Act *, improper use of the Single Justice Procedure, lack of lawful liability orders, and the improper issuance of the charging order by the Civil National Business Centre instead of a lawful court, I respectfully request the court to:
- Void the interim charging order.
- Reimburse legal costs and council tax payments.
- Recognize and address procedural breaches and harassment.
- Compensate for financial losses and emotional distress.

Certainly. Here is the statement of truth required by the court:
**Statement of Truth**
I, Gary John Taylor, believe that the facts stated in this witness statement are true.
Signed: ___________________
Date: ___________________
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