Unlawful Charging Order Challenge

Summary

The document challenges an interim charging order issued by the City of Doncaster Council, citing serious procedural breaches, discrimination, and void orders. It argues that liability orders were processed unlawfully in bulk under the Single Justice Procedure, failing to provide necessary individual case reviews. The submission highlights violations of the Human Rights Act, Equality Act, and Disability Discrimination Act, and requests the court to nullify the order, reimburse expenses, and provide compensation for financial losses and emotional distress. The document emphasizes the need for proper judicial scrutiny and adherence to legal standards in council tax disputes.

Full Conversation

check hole document reads correct and list any points, **Gary John Taylor** The Moorings, High Street, Barnby Dun, Doncaster, DN3 1DY * November * **To:** - The City of Doncaster Council - Doncaster County Court **Subject: N244 Application and Witness Statement Submission** Dear Sir/Madam, I am writing to submit my N244 application and witness statement regarding the unlawful interim charging order issued by the City of Doncaster Council. This submission addresses: - Serious procedural breaches - Discrimination - Void orders - Misrepresentation of the Local Government Finance Act * (LGFA *) - Misapplication of the Single Justice Procedure (SJP) - The unlawful status of CNBC as a court **Summary of Key Issues:** *. **Unlawful Interim Charging Order:** The interim charging order disregards the legal classification of my property as a "Dwelling-House," which provides it with significant legal protections. Additionally, CNBC is not a lawful court authorized to issue such orders, rendering them null and void. *. **Procedural Breaches:** Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP). This method fails to provide the essential individual case review, fundamentally undermining the legal requirement for personalized judicial scrutiny in each case. *. **Discrimination:** Actions by the council have constituted a severe infringement of my rights under the Human Rights Act *, the Equality Act *, and the Disability Discrimination Act *. These actions include discriminatory practices that have disproportionately affected me due to my disabilities, further exacerbating my financial and emotional distress. The council's failure to make reasonable adjustments and its persistent discriminatory behaviour have significantly violated my legal protections.   *. **Void Orders:** The lack of a lawful process for issuing liability orders, including the absence of unique court case references and listings for each defendant, severely breaches fundamental legal principles. This non-compliance undermines judicial integrity and the defendants' right to a fair, individualized hearing. *. **Misapplication of the Single Justice Procedure (SJP):** The use of the SJP for complex council tax disputes is fundamentally flawed as it denies the necessary detailed judicial scrutiny required for fair adjudication, jeopardizing justice and the proper consideration of individual circumstances. **Conclusion:** I respectfully request the court to: - Nullify the interim charging order due to procedural irregularities and the unlawful court process. - Reimburse all legal expenses and council tax payments incurred due to the incorrect classification of my property as a "dwelling" instead of a "Dwelling-House." - Formally acknowledge the procedural violations and persistent harassment by the City of Doncaster Council, and mandate immediate and comprehensive corrective actions to address these breaches and prevent any future occurrences. - Provide substantial compensation for the significant financial losses and severe emotional distress caused, including compensation for the extensive hours spent on research and preparation, which has taken a toll on my personal quality time when not working, all in a manner understandable to a layman. These actions are necessary to restore justice, uphold legal standards, and ensure fairness in the treatment of my case.   **Draft Order Requested:** *. The interim charging order dated * October *, issued by the Civil National Business Centre - City of Doncaster Council, be nullified due to procedural irregularities and the unlawful court process. *. The City of Doncaster Council must reimburse all legal expenses and council tax payments incurred due to the wrongful classification of my property as a "dwelling" instead of a "Dwelling-House” *. The court acknowledges the procedural violations and instances of harassment by the City of Doncaster Council and mandates immediate corrective actions to rectify these violations and prevent future occurrences. *. The City of Doncaster Council provides substantial compensation for the significant financial losses and severe emotional distress caused to Gary John Taylor as a result of their actions. This includes compensation for the extensive hours spent on research and preparation, which has taken a toll on my personal quality time when not working, all in a manner understandable to a layman. *. The court mandates comprehensive judicial scrutiny for all future council tax disputes involving Gary John Taylor to * strict adherence to legal standards and protections, preventing any further procedural breaches and ensuring fairness and justice. **Representatives:** - Scot Robert Fawcus - Miss Emily Lewin - Alan Stoves - Damian Francis Allen (in their personal capacities) Yours faithfully, Gary John Taylor   **WITNESS STATEMENT OF GARY JOHN TAYLOR** *. **Introduction**: - I, Gary John Taylor, of The Moorings, High Street, Barnby Dun, Doncaster, DN3 1DY, make this Statement of 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**: - Unlawful Interim Charging Order - Procedural Breaches - Discrimination - Void Orders - Misrepresentation of LGFA * *. **Dwelling-House Definition and Classification**: - A "Dwelling-House" is a legally recognized ‘home’ with essential living facilities. This classification provides legal protections that the council's charging order disregards. The cases *Uratemp Ventures Ltd v. Collins [*] UKHL ** (Exhibit-GJT1) and *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin)* (Exhibit-GJT2) emphasize the need to protect residents from unjust housing policies. These protections are further reinforced by *Halsbury's Laws of England, Volume * (4th edition), Paragraph **. (Exhibit-GJT22) *. **Events and Personal Impact**: "On * November *, I was distressed to receive a notification of an interim charging order, retroactively dated * October * (Exhibit GJT19), issued by the council. This order was based on a bulk liability list attached to the reverse side of the order (Exhibit GJT21) included in a letter sent on * October * (Exhibit GJT20). The served copy of the interim charging order was received on * November *." "I formally reject the Claimant's unlawful attempt to impose a charging order on my residence, which is classified as a 'Dwelling-House' under *Halsbury's Laws* (Exhibit GJT22). This classification grants it significant legal protections, distinct from the term 'dwelling' used in the Local Government Finance Act *. This legal distinction directly impacts the legitimacy and enforceability of the charging order, rendering it invalid." *. **Violation of Individual Case Assessment**: - The processing of liability orders without individual court case reference numbers for each defendant undermines the need for individualized judicial scrutiny. This oversight contravenes the legal principles established in *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** (Exhibit-GJT3). ***. Procedural Adherence and Fairness in Council Decisions**: - The case of *Regina v Horsham District Council [*] * W.L.R. ** (Exhibit GJT18) highlights the necessity for councils to follow proper procedures when making decisions. Here, the court upheld the council's decision to grant planning permission because correct procedures were followed, and all relevant factors were considered. This principle is equally crucial for property classification and the issuance of charging orders. The City of Doncaster Council must adhere to proper procedures and consider all relevant factors when classifying my property as a dwelling-house. Failure to do so undermines the legitimacy and fairness of their actions, as procedural compliance is a cornerstone of lawful and just decision-making. *. **Single Justice Procedure (SJP) Misapplication**: - Utilizing the Single Justice Procedure (SJP) for complex council tax disputes is inappropriate. These cases require detailed judicial scrutiny rather than summary handling under SJP, as highlighted in *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** (Exhibit-GJT3). *. **Evidence Presented by the Claimant**: - The Claimant's documentation presents a Doncaster Magistrates Court Schedule of liability orders for council tax dated * July * for *,* defendants. Additionally, an impermissible 'liability order report' dated * July * on the reverse side evidences *,* defendants under illegitimate liability orders. The absence of lawful liability court orders and unique case numbers for * defendants across *, *, and * constitutes a severe breach of legal principles. This grave procedural error directly contravenes the established tenets in *R v. Swindon Borough Council ex parte Roberts [*] EWHC Admin ** (Exhibit-GJT4). *. **Ramifications for Defendants**: - The mass processing of cases, lacking individual unique court claim identifiers and thorough judicial scrutiny of documents, leads to significant errors and injustices for defendants. This method strips individuals of their right to personalized legal scrutiny and a fair hearing, blatantly violating their legal, lawful, and human rights. *. **Petition for Judicial Review**: - I urge the court to scrutinize the procedural errors and misapplication of the Single Justice Procedure (SJP). Each defendant's case must receive thorough individual evaluation to ensure adherence to legal protocols, equitable treatment, and justice. *. **Dispute Regarding the Liability Order**: - I have made formal requests for detailed substantiating evidence from the Claimants about the alleged debts. To date, these requests remain unaddressed. This deficiency in evidence blatantly contravenes the findings in *Steel v. NRAM Ltd [*] UKSC ** (Exhibit-GJT5), which asserts that mere demands do not equate to definitive proof of debt. *. **Lack of Lawful Court Orders**: - The failure to issue lawful liability court orders and unique case numbers for * defendants across *, *, and * represents a severe violation of legal principles. This grave procedural error directly contravenes the established tenets in *R v. Swindon Borough Council ex parte Roberts [*] EWHC Admin ** (Exhibit-GJT4). *. **Violation of the Human Rights Act ***: - The Council's actions constitute a direct infringement of my rights under Article * of the Human Rights Act *, which safeguards an individual’s right to respect for private and family life. *. **Breach of the Disability Discrimination Act ***: - The actions taken by Doncaster Council may represent unlawful discrimination against me based on my health conditions, directly violating the provisions of the Disability Discrimination Act *. This Act mandates reasonable adjustments and unequivocally prohibits unfavourable treatment rooted in disability. Specific instances illustrate the council's failure to accommodate my health conditions, thereby breaching its obligations. *. **Contravention of the Equality Act ***: - **Indirect Discrimination**: - The Council's imposition of fines and additional financial burdens disproportionately impacts individuals with disabilities, breaching the principle of equal treatment, as established in *London Borough of Lewisham v. Malcolm [*] UKHL ** (Exhibit-GJT23). - **Neglect of Reasonable Adjustments**: - Despite my ongoing health issues that significantly compromise my financial standing, I have persistently made arrears payments when feasible. The Council has failed to adapt their approach or offer necessary support in light of my circumstances, violating their duty to implement reasonable adjustments as required under *Archibald v. Fife Council [*] UKHL ** (Exhibit-GJT24). - **Harassment**: - The Council has systematically targeted me by levying unnecessary costs at every turn over the years, even as I have attempted to resolve these issues amicably. This behaviour cultivates an environment of intimidation and hostility, amounting to harassment, as defined in *Majrowski v. Guy's and St Thomas' NHS Trust [*] UKHL ** (Exhibit-GJT25). *. **Void Court Orders**: - As stated by **Shirley Lewald**, a Solicitor Advocate with Higher Rights (Civil and Criminal Courts), a court 'ORDER' is void if issued without jurisdiction, in violation of the law, or in defiance of due process. This principle is supported by several case laws: - *Anlaby v. Praetorius* (*): A plaintiff cannot obtain a valid judgment if the proceedings are fundamentally void (Exhibit-GJT6). - *Crane v. Director of Public Prosecutions* [*]: An order void ab initio lacks the essential elements of a valid court order (Exhibit-GJT7). - *MacFoy v. United Africa Co. Ltd.* [*]: A void order is irrevocably void, rendering all proceedings founded on it void (Exhibit-GJT8). *. **Anticipated Rebuttals and Responses**: **Broad Interpretation**: The council might argue that the term "domestic property" in the * Local Government Finance Act covers all residential properties, including "Dwelling-Houses." However, *Uratemp Ventures Ltd v. Collins [*] UKHL ** (Exhibit-GJT1) establishes that "Dwelling-Houses" have a distinct legal status with specific protections. - **Legislative Intent**: They may claim that the legislative intent behind the Act was to create a uniform approach for all residential properties regarding council tax. This argument overlooks the elevated legal standards and protections mandated for "Dwelling-Houses" under *Halsbury's Laws of England*. - **Case Law Limitation**: The council could argue that case law distinctions apply only in specific contexts and do not universally exempt "Dwelling-Houses" from broader definitions in the Local Government Finance Act. The rulings in *Uratemp Ventures Ltd v. Collins [*] UKHL ** (Exhibit-GJT1) and *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin)* (Exhibit-GJT2) emphasize the necessity of individual judicial scrutiny and compliance with higher standards for "Dwelling-Houses." - **Procedural Compliance**: They might insist that their actions comply with procedural requirements outlined in the Act, regardless of the "Dwelling-House" classification. However, the failure to adhere to the stringent protocols required for "Dwelling-Houses" renders their actions procedurally deficient. - **Precedent Cases**: The council may present previous cases where similar arguments were unsuccessful, aiming to undermine my position. Nonetheless, the specific legal context and protections highlighted in *Uratemp Ventures Ltd v. Collins [*] UKHL ** (Exhibit-GJT1) and *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin)* (Exhibit-GJT2) are highly relevant to this case, reaffirming the necessity for adherence to elevated legal standards for "Dwelling-Houses." - **Legislative Intent**: They may claim that the legislative intent behind the Act was to create a uniform approach for all residential properties regarding council tax. This argument overlooks the elevated legal standards and protections mandated for "Dwelling-Houses" under *Halsbury's Laws of England*. - **Case Law Limitation**: The council could argue that case law distinctions apply only in specific contexts and do not universally exempt "Dwelling-Houses" from broader definitions in the Local Government Finance Act. The rulings in *Uratemp Ventures Ltd v. Collins [*] UKHL ** (Exhibit-GJT1) and *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin)* (Exhibit-GJT2) emphasize the necessity of individual judicial scrutiny and compliance with higher standards for "Dwelling-Houses."ns. *. **Reassessment of Property Classification in Light of Case Law**: - **Dwelling**: Defined for council tax purposes as properties intended or viable for residential use, as per the Local Government Finance Act * and supported by the ruling in *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin)* (Exhibit-GJT2). This classification includes council tax liability based on general residential suitability. - **Dwelling-House**: More narrowly defined as a 'home' equipped for day-to-day living, clarified in *Uratemp Ventures Ltd v. Collins [*] UKHL ** (Exhibit-GJT1). The implications influence council tax duties based on actual residential occupancy and available amenities. *. **Violation of the Human Rights Act ***: - The Council's actions constitute a direct infringement of my rights under Article * of the Human Rights Act *, which safeguards an individual’s right to respect for private and family life. - The improper classification of my property disregards my legal protections as a "Dwelling-House," undermining my right to a secure home environment. - The enforcement measures taken without recognizing these protections violate the principles of fairness and justice, further infringing upon my human rights. *. **Breach of the Disability Discrimination Act ***: - Doncaster Council's actions may constitute unlawful discrimination against me due to my health conditions, violating the *Disability Discrimination Act **. - The Act requires reasonable adjustments and prohibits unfavourable treatment based on disability. - Specific instances demonstrate the council's failure to accommodate my health conditions, breaching its legal obligations. *. **Contravention of the Equality Act ***: - **Indirect Discrimination**: The Council's imposition of fines and additional financial burdens disproportionately impacts individuals with disabilities, violating the principle of equal treatment. - **Neglect of Reasonable Adjustments**: Despite my ongoing health issues that significantly compromise my financial standing, I have persistently made arrears payments when feasible. The Council has failed to adapt their approach or offer necessary support in light of my circumstances, violating their duty to implement reasonable adjustments. - **Harassment**: The Council has systematically targeted me by levying unnecessary costs at every turn over the years, even as I have attempted to resolve these issues amicably. This behaviour cultivates an environment of intimidation and hostility, amounting to harassment. *. **Void Court Orders**: - As stated by **Shirley Lewald**, a Solicitor Advocate with Higher Rights (Civil and Criminal Courts), a court 'ORDER' is void if issued without jurisdiction, in violation of the law, or in defiance of due process. This principle is supported by several case laws: - *Anlaby v. Praetorius* (*): A plaintiff cannot obtain a valid judgment if the proceedings are fundamentally void (Exhibit-GJT6). - *Crane v. Director of Public Prosecutions* [*]: An order void ab initio lacks the essential elements of a valid court order (Exhibit-GJT7). - *MacFoy v. United Africa Co. Ltd.* [*]: A void order is irrevocably void, rendering all proceedings founded on it void (Exhibit-GJT8). *. **Reassessment of Property Classification in Light of Case Law**: - **Dwelling**: Defined for council tax purposes as properties intended or viable for residential use, as per the Local Government Finance Act * and supported by the ruling in *R (on the application of Wilson) v. Coventry City Council [*] EWHC * (Admin)* (Exhibit-GJT2). This classification includes council tax liability based on general residential suitability. - **Dwelling-House** : More narrowly defined as a 'home' equipped for day-to-day living, clarified in *Uratemp Ventures Ltd v. Collins [*] UKHL ** (Exhibit-GJT1). The implications influence council tax duties based on actual residential occupancy and available amenities. *. **Violation of the Human Rights Act ***: - The Council's actions constitute a direct infringement of my rights under Article * of the Human Rights Act *, which safeguards an individual’s right to respect for private and family life. - The improper classification of my property disregards my legal protections as a "Dwelling-House," undermining my right to a secure home environment. - The enforcement measures taken without recognizing these protections violate the principles of fairness and justice, further infringing upon my human rights. *. **Breach of the Disability Discrimination Act ***: - Doncaster Council's actions may constitute unlawful discrimination against me due to my health conditions, violating the *Disability Discrimination Act **. - The Act requires reasonable adjustments and prohibits unfavourable treatment based on disability. - Specific instances demonstrate the council's failure to accommodate my health conditions, breaching its legal obligations. *. **Contravention of the Equality Act ***: - **Indirect Discrimination**: The Council's imposition of fines and additional financial burdens disproportionately impacts individuals with disabilities, violating the principle of equal treatment. - **Neglect of Reasonable Adjustments**: Despite my ongoing health issues that significantly compromise my financial standing, I have persistently made arrears payments when feasible. The Council has failed to adapt their approach or offer necessary support in light of my circumstances, violating their duty to implement reasonable adjustments. - **Harassment**: The Council has systematically targeted me by levying unnecessary costs at every turn over the years, even as I have attempted to resolve these issues amicably. This behaviour cultivates an environment of intimidation and hostility, amounting to harassment. *. **Void Court Orders**: - As stated by **Shirley Lewald**, a Solicitor Advocate with Higher Rights (Civil and Criminal Courts), a court 'ORDER' is void if issued without jurisdiction, in violation of the law, or in defiance of due process. This principle is supported by several case laws *. **Claim for Damages and Remedies**: - I claim substantial remedies and compensation for the significant damages caused by the actions of the City of Doncaster Council and its officials, specifically Scot Robert Fawcus, Miss Emily Lewin, Alan Stoves, and Damian Francis Allen (in their personal capacities). - **Financial Losses**: Compensation for fines and additional costs, totaling approximately £*,*. - **Emotional Distress**: I seek £*,* in compensation for severe emotional distress and mental health impact, reflecting the chronic nature of the distress endured. - **Layman's Fees**: As a litigant in person, I claim reimbursement for layman's services rendered in defending against the interim charging order and extensive correspondence over several years. This is calculated at £* per hour, totaling an estimated £*,*. - **Council Tax Reimbursement**: Full reimbursement of all council tax payments made under the incorrect classification of my property over the past 28 years, projected at £*,*, pending Council confirmation notwithstanding the typical six-year limit. *. **Continual Mistake and Classification Error**: - **Continual Mistake**: Overpayment of council tax due to the continual misclassification of my property as a "Dwelling" rather than a "Dwelling-House" has resulted in incorrect charges for 28 years. - **Legal Precedent**: *Gravesham Borough Council v Secretary of State for the Environment* [*] * P&CR * (Exhibit-GJT9) establishes that a "Dwelling-House" establishes that a "Dwelling-House" is defined by factual characteristics, including: - Essential living facilities (e.g., kitchen, bathroom, sleeping areas). - Physical structure and layout suitable for residential use. - Actual or intended use for residential purposes. My property fulfils these criteria and should be classified accordingly. The LGFA * lacks explicit provisions for such classification. - **Implication**: The absence of provisions for "Dwelling-House" in the LGFA * makes the council's billing legally questionable, undermining the lawfulness of the charges on my property. - **Legal Uncertainty**: The absence of a clear definition in the LGFA * creates ambiguity, leading to potential misclassification and unlawful charges on my property. - **Judicial Precedent**: *Uratemp Ventures Ltd v. Collins* [*] UKHL * (Exhibit-GJT1) emphasizes the legal distinction and protections afforded to properties correctly classified as "Dwelling-Houses." *. **Request for Evidence and Procedural Review**: - **Transparency and Fair Hearing**: Liability orders must be issued in open court to ensure transparency and accountability. Closed hearings ("star chambers") may undermine procedural fairness, violating Article * of the Human Rights Act *. This could result in the invalidation of the orders due to the lack of transparency. *R (on the application of Mackay) v. Newham London Borough Council* [*] EWHC * (Admin) (Exhibit-GJT10) highlights the importance of open hearings to uphold procedural fairness. - **Legal Requirements**: The issuance of liability orders must comply with the Local Government Finance Act * and other relevant regulations, proving my property is indeed a 'Dwelling-House,' lawfully liable for council tax under the LGFA *. - **Request for Information**: I request the court to demand: *. Evidence of the venue used for issuing the alleged lawful liability orders. *. Evidence of the documentation laid before the court. *. Evidence of the individual Court, unique case numbers with listings dates. *. Evidence that the Civil Business Centre is a lawful venue to issue an Interim Charging Order. - **Challenge Process**: If closed hearings were used, I challenge the validity of these orders based on the right to a fair and public hearing. *. **Comparative Case Studies**: - **Case *: * *Smith v. Northumberland County Council* [*] EWHC * (Admin)** (Exhibit-GJT11): - The court confirmed Smith's property, with essential living facilities, as a 'Dwelling-House,' granting it specific legal protections under housing laws. - **Case *: * *Brown v. Southwark Borough Council* [*] EWCA Civ *** (Exhibit-GJT12): - The court ruled in Brown's favour, recognizing the property met 'Dwelling-House' criteria due to essential living facilities, distinguishing it from a general 'dwelling' under the LGFA *. - **Case *: *Taylor v. Leeds City Council* [*] EWCA Civ *** (Exhibit-GJT13): - Taylor successfully argued for 'Dwelling-House' classification based on essential living facilities, with the court acknowledging the legal protections of this classification under housing laws. *. **Successful Challenges and Refunds**: -**Case *: *Williams v. Horsham District Council* [*] EWCA Civ *** (Exhibit-GJT14): - Williams successfully argued that his property was misclassified, leading to a refund of the overpaid council tax. - **Case *: *Jones v. Liverpool City Council* [*] EWHC * (Admin)** (Exhibit-GJT15): - Jones received a council tax refund after proving that his property was incorrectly classified as a 'dwelling' rather than a 'Dwelling-House'. - **Case *: *Smith v. Northumberland County Council* [*] EWHC * (Admin)** (Exhibit-GJT11): - Smith received a full refund of council tax payments due to incorrect property classification. *. **Conclusion**: - Given the multitude of procedural violations, discriminatory practices, breaches of the Equality Act *, improper application of the Single Justice Procedure, the presence of unlawfully issued liability orders from bulk listings, and the unjust issuance of the interim charging order by the Civil National Business Centre, I respectfully implore the court to: - Nullify the interim charging order. - Reimburse legal expenses and council tax payments. - Acknowledge and rectify procedural violations and instances of harassment. - Provide adequate compensation for financial losses and emotional distress caused. **List of Exhibits & Descriptions** *. **Exhibit-GJT1: Uratemp Ventures Ltd v. Collins [*] UKHL *** - Description: Legal case establishing the distinct legal status and protections for "Dwelling-Houses". https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd011011/uratem-*.htm *. **Exhibit-GJT2: (R on the application of Wilson v. Coventry City Council [*] EWHC * (Admin)** - Description: Case emphasizing the importance of individual judicial scrutiny and compliance with higher standards for "Dwelling-Houses". https://vlex.co.uk/vid/r-wilson-and-others-* *. **Exhibit-GJT3: R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin *** - Description: Case highlighting the necessity of individualized judicial scrutiny in the processing of liability orders. https://vlex.co.uk/vid/r-v-the-birmingham-* *. **Exhibit-GJT4: R v. Swindon Borough Council ex parte Roberts [*] EWHC Admin *** - Description: Case The court examined the legality of the council's actions and the application of relevant laws in the context of administrative decisions emphasizing the requirement for lawful liability court orders with unique case numbers. https://duckduckgo.com/?q=R+v.+Swindon+Borough+Council+ex+parte+Roberts+%5B1997%5D+EWHC+Admin+*&ia=web *. **Exhibit-GJT5: Steel v. NRAM Ltd [*] UKSC *** - Description: Case asserting that mere demands do not equate to definitive proof of debt. https://www.supremecourt.uk/cases/docs/uksc-*-*-judgment.pdf *. **Exhibit-GJT6: Anlaby v. Praetorius (*)** - Description: Principle that a plaintiff cannot obtain a valid judgment if the proceedings are fundamentally void. https://www.iclr.co.uk/document/*/casereport_45719/html *. **Exhibit-GJT7: Crane v. Director of Public Prosecutions [*]** - Description: Case establishing that an order void ab initio lacks the essential elements of a valid court order. https://www.coursehero.com/file/*/Crane-v-Director-of-Public-Prosecutions-1921rtf/ *. **Exhibit-GJT8: MacFoy v. United Africa Co. Ltd. [*]** - Description: Case asserting that a void order is irrevocably void, rendering all proceedings founded on it void. https://vlex.co.uk/vid/macfoy-v-united-africa-* *. **Exhibit-GJT9: Gravesham Borough Council v Secretary of State for the Environment [*] * P&CR *** a "Dwelling-House" is defined by factual characteristics, which include: - Essential living facilities (e.g., kitchen, bathroom, sleeping areas). - Physical structure and layout suitable for residential use. - Actual or intended use for residential purposes. My property meets these criteria and should be classified accordingly. The LGFA * lacks explicit provisions for such classification. https://portal.peakdistrict.gov.uk/system/download/f/46366a62622b464337644779517061766661756a52413d3d *. **Exhibit-GJT10: R (on the application of Mackay) v. Newham London Borough Council [*] EWHC * (Admin)** - Description: Case highlighting the importance of open hearings to uphold procedural fairness. https://lawprof.co/public-law/legitimate-expectations-cases/r-bibi-v-newham-lbc-*-*-wlr-*/ *. **Exhibit-GJT11: Smith v. Northumberland County Council [*] EWHC * (Admin)** - Description: Case confirming the classification of properties with essential living facilities as 'Dwelling-Houses' with specific legal protections. https://uk.practicallaw.thomsonreuters.com/D-*-*?transitionType=Default&contextData=(sc.Default)&firstPage=true *. **Exhibit-GJT12: Brown v. Southwark Borough Council [*] EWCA Civ *** - Description: Case recognizing the property met 'Dwelling-House' criteria due to essential living facilities. *. **Exhibit-GJT13: Taylor v. Leeds City Council [*] EWCA Civ *** - Description: Case where the court acknowledged the legal protections of 'Dwelling-House' classification. *. **Exhibit-GJT14: Williams v. Horsham District Council [*] EWCA Civ *** - Description: Case where Williams successfully argued misclassification leading to a council tax refund. - https://vlex.co.uk/vid/r-williams-v-horsham-* *. **Exhibit-GJT15: Jones v. Liverpool City Council [*] EWHC * (Admin)** - Description: Case where Jones received a council tax refund after proving incorrect property classification. *. **Exhibit-GJT16: Shirley Lewald, Solicitor Advocate** - Description: Statement supporting that a court order is void if issued without jurisdiction, violating the law, or defying due process. *. **Exhibit-GJT17: Halsbury's Laws of England** - Description: Legal reference emphasizing the distinction between "Dwelling-House" and "dwelling" under housing laws and their respective protections. *. **Exhibit-GJT18: Regina v. Horsham District Council [*] * W.L.R. *** - Description: Legal case emphasizing the necessity for councils to adhere to proper procedures in decision-making. https://vlex.co.uk/vid/regina-v-horsham-district-* *. **Exhibit-GJT19: interim charging order, retroactively dated * October * *. **Exhibit-GJT20: - Description: Served copy of the interim charging order *. **Exhibit-GJT21: - Description: *. **Exhibit-GJT22: - Description: *Halsbury's Laws of England, Volume * (4th edition), Paragraph ***. * **Exhibit-GJT23: Description: London Borough of Lewisham v. Malcolm [*] UKHL ***: - Description: This case addresses indirect discrimination under the Disability Discrimination Act *, establishing principles for the treatment of individuals with disabilities. https://www.casemine.com/judgement/uk/5a8ff70260d03e7f57ea5989 *. **Exhibit-GJT24: Description: Archibald v. Fife Council [*] UKHL ***: - Description: This case emphasizes the duty of employers and public bodies to make reasonable adjustments for individuals with disabilities, thereby preventing discrimination. https://www.casemine.com/judgement/uk/5a8ff70260d03e7f57ea5935 *. **Exhibit-GJT25: Description: Majrowski v. Guy's and St Thomas' NHS Trust [*] UKHL ***: - Description: This case defines harassment under the Protection from Harassment Act *, establishing that employers can be vicariously liable for harassment by their employees. https://publications.parliament.uk/pa/ld200506/ldjudgmt/jd060712/majro.pdf **Statement of Truth** I, Gary John Taylor, believe that the facts stated in this witness statement are true. Signed: __________ Date: * November *
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**Gary John Taylor**
The Moorings,
High Street,
Barnby Dun,
Doncaster,
DN3 1DY
* November *
**To:**
- The City of Doncaster Council
- Doncaster County Court
**Subject: N244 Application and Witness Statement Submission**
Dear Sir/Madam,
I am writing to submit my N244 application and witness statement regarding the unlawful interim charging order issued by the City of Doncaster Council. This submission addresses:
- Serious procedural breaches
- Discrimination
- Void orders
- Misrepresentation of the Local Government Finance Act * (LGFA *)
- Misapplication of the Single Justice Procedure (SJP)
- The unlawful status of CNBC as a court
**Summary of Key Issues:**
*. **Unlawful Interim Charging Order:**
- The interim charging order disregards the legal classification of my property as a "Dwelling-House," which provides it with significant legal protections. Additionally, CNBC is not a lawful court authorized to issue such orders, rendering them null and void.
*. **Procedural Breaches:**
- Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP), failing to provide essential individual case review, undermining
continue from, (SJP), failing to provide essential individual case review, undermining
**Gary John Taylor**
The Moorings,
High Street,
Barnby Dun,
Doncaster,
DN3 1DY
* November *
**To:**
- The City of Doncaster Council
- Doncaster County Court
**Subject: N244 Application and Witness Statement Submission**
Dear Sir/Madam,
I am writing to submit my N244 application and witness statement regarding the unlawful interim charging order issued by the City of Doncaster Council. This submission addresses:
- Serious procedural breaches
- Discrimination
- Void orders
- Misrepresentation of the Local Government Finance Act * (LGFA *)
- Misapplication of the Single Justice Procedure (SJP)
- The unlawful status of CNBC as a court
**Summary of Key Issues:**
*. **Unlawful Interim Charging Order:**
- The interim charging order disregards the legal classification of my property as a "Dwelling-House," which provides it with significant legal protections. Additionally, CNBC is not a lawful court authorized to issue such orders, rendering them null and void.
*. **Procedural Breaches:**
- Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP
continue from, - Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP
**Gary John Taylor**
The Moorings,
High Street,
Barnby Dun,
Doncaster,
DN3 1DY
* November *
**To:**
- The City of Doncaster Council
- Doncaster County Court
**Subject: N244 Application and Witness Statement Submission**
Dear Sir/Madam,
I am writing to submit my N244 application and witness statement regarding the unlawful interim charging order issued by the City of Doncaster Council. This submission addresses:
- Serious procedural breaches
- Discrimination
- Void orders
- Misrepresentation of the Local Government Finance Act * (LGFA *)
- Misapplication of the Single Justice Procedure (SJP)
- The unlawful status of CNBC as a court
**Summary of Key Issues:**
*. **Unlawful Interim Charging Order:**
- The interim charging order disregards the legal classification of my property as a "Dwelling-House," which provides it with significant legal protections. Additionally, CNBC is not a lawful court authorized to issue such orders, rendering them null and void.
*. **Procedural Breaches:**
- Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP),
continue from, - Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP),
- Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP), failing to provide essential individual case review, fundamentally undermining the legal requirement for personalized judicial scrutiny in each case.
*. **Discrimination:**
- Actions by the council have violated my rights under the Human Rights Act *, the Equality Act *, and the Disability Discrimination Act *, including discriminatory practices that have disproportionately affected me due to my disabilities.
*. **Void Orders:**
- The lack of a lawful process for issuing liability orders, including the absence of unique court case references and listings for each defendant, severely breaches fundamental legal principles and undermines the right to a fair, individualized hearing.
*. **Misapplication of the Single Justice Procedure (SJP):**
- The use of the SJP for complex council tax disputes is flawed, denying the necessary detailed judicial scrutiny required for fair adjudication and proper consideration of individual circumstances.
**Conclusion:**
I respectfully request the court to:
- Nullify the interim charging order due to procedural irregularities and the unlawful court process.
- Reimburse all legal expenses and council tax payments incurred due to the incorrect classification of my property.
- Acknowledge the procedural violations and mandate corrective actions
continue from, - Acknowledge the procedural violations and mandate corrective actions
to address these breaches and prevent future occurrences.
- Provide substantial compensation for the significant financial losses and severe emotional distress caused, including for the extensive hours spent on research and preparation, impacting my personal quality time.
These actions are necessary to restore justice, uphold legal standards, and ensure fairness in the treatment of my case.
**Draft Order Requested:**
*. Nullify the interim charging order dated * October *, issued by the Civil National Business Centre - City of Doncaster Council, due to procedural irregularities and the unlawful court process.
*. Reimburse all legal expenses and council tax payments incurred due to the wrongful classification of my property as a "dwelling" instead of a "Dwelling-House."
*. Acknowledge the procedural violations and instances of harassment by the City of Doncaster Council and mandate immediate corrective actions to rectify these violations and prevent future occurrences.
*. Provide substantial compensation for the significant financial losses and severe emotional distress caused to Gary John Taylor as a result of their actions, including compensation for the extensive hours spent on research and preparation.
*. Mandate comprehensive judicial scrutiny for all future council tax disputes involving Gary John Taylor to ensure strict adherence to legal standards and protections, preventing any further procedural breaches and ensuring fairness and justice.
**Represent
continue from, preventing any further procedural breaches and ensuring fairness and justice. **Represent
**Representatives:**
- Scot Robert Fawcus
- Miss Emily Lewin
- Alan Stoves
- Damian Francis Allen (in their personal capacities)
Yours faithfully,
Gary John Taylor
**WITNESS STATEMENT OF GARY JOHN TAYLOR**
*. **Introduction:**
- I, Gary John Taylor, of The Moorings, High Street, Barnby Dun, Doncaster, DN3 1DY, make this Statement of 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:**
- Unlawful Interim Charging Order
- Procedural Breaches
- Discrimination
- Void Orders
- Misrepresentation of LGFA *
*. **Dwelling-House Definition and Classification:**
- A "Dwelling-House" is a legally recognized ‘home’ with essential living facilities. This classification provides legal protections that the council's charging order disregards.
*. **Events and Personal Impact:**
- On * November *, I received a notification of an interim charging order, retroactively dated
continue from, - On * November *, I received a notification of an interim charging order, retroactively dated
* October * (Exhibit GJT19), issued by the council. This order was based on a bulk liability list attached to the reverse side of the order (Exhibit GJT21) included in a letter sent on * October * (Exhibit GJT20). The served copy of the interim charging order was received on * November *.
*. **Violation of Individual Case Assessment:**
- The processing of liability orders without individual court case reference numbers for each defendant undermines the need for individualized judicial scrutiny. This oversight contravenes the legal principles established in *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** (Exhibit-GJT3).
*. **Procedural Adherence and Fairness in Council Decisions:**
- The case of *Regina v Horsham District Council [*] * W.L.R. ** (Exhibit GJT18) highlights the necessity for councils to follow proper procedures when making decisions, crucial for property classification and the issuance of charging orders.
*. **Single Justice Procedure (SJP) Misapplication:**
- Utilizing the Single Justice Procedure (SJP) for complex council tax disputes
continue from, *. **Single Justice Procedure (SJP) Misapplication:** - Utilizing the Single Justice Procedure (SJP) for complex council tax disputes
is inappropriate as these cases require detailed judicial scrutiny rather than summary handling under SJP, as highlighted in *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** (Exhibit-GJT3).
*. **Evidence Presented by the Claimant:**
- The Claimant's documentation includes a Doncaster Magistrates Court Schedule of liability orders for council tax dated * July * for *,* defendants. Additionally, a 'liability order report' dated * July * on the reverse side evidences *,* defendants under illegitimate liability orders. The absence of lawful liability court orders and unique case numbers for * defendants across *, *, and * constitutes a severe breach of legal principles.
*. **Ramifications for Defendants:**
- The mass processing of cases, lacking individual unique court claim identifiers and thorough judicial scrutiny of documents, leads to significant errors and injustices for defendants. This method strips individuals of their right to personalized legal scrutiny and a fair hearing, blatantly violating their legal, lawful, and human rights.
*. **Petition for Judicial Review:**
- I urge the court to scrutinize the procedural
continue from, *. **Petition for Judicial Review:** - I urge the court to scrutinize the procedural
errors and misapplication of the Single Justice Procedure (SJP). Each defendant's case must receive thorough individual evaluation to ensure adherence to legal protocols, equitable treatment, and justice.
*. **Dispute Regarding the Liability Order:**
- I have made formal requests for detailed substantiating evidence from the Claimants about the alleged debts. To date, these requests remain unaddressed, contravening the findings in *Steel v. NRAM Ltd [*] UKSC ** (Exhibit-GJT5), which asserts that mere demands do not equate to definitive proof of debt.
*. **Lack of Lawful Court Orders:**
- The failure to issue lawful liability court orders and unique case numbers for * defendants across *, *, and * represents a severe violation of legal principles, directly contravening *R v. Swindon Borough Council ex parte Roberts [*] EWHC Admin ** (Exhibit-GJT4).
*. **Violation of the Human Rights Act *:**
- The Council's actions constitute a direct infringement of my rights under Article * of the Human Rights
continue from, *. **Violation of the Human Rights Act *:** - The Council's actions constitute a direct infringement of my rights under Article * of the Human Rights
Act *, which safeguards an individual’s right to respect for private and family life.
*. **Breach of the Disability Discrimination Act ***:
- The actions taken by Doncaster Council may represent unlawful discrimination against me based on my health conditions, directly violating the provisions of the Disability Discrimination Act *. This Act mandates reasonable adjustments and unequivocally prohibits unfavourable treatment rooted in disability.
*. **Contravention of the Equality Act ***:
- **Indirect Discrimination**: The Council's imposition of fines and additional financial burdens disproportionately impacts individuals with disabilities, breaching the principle of equal treatment.
- **Neglect of Reasonable Adjustments**: Despite my ongoing health issues that significantly compromise my financial standing, I have persistently made arrears payments when feasible. The Council has failed to adapt their approach or offer necessary support in light of my circumstances, violating their duty to implement reasonable adjustments.
- **Harassment**: The Council has systematically targeted me by levying unnecessary costs at every turn over the years, even as I have attempted to resolve these issues amicably. This behaviour cultivates an environment of intimidation and hostility, amounting to harassment.
*. **Void Court Orders
continue from, *. **Void Court Orders
**Void Court Orders:**
- As stated by Shirley Lewald, a Solicitor Advocate with Higher Rights (Civil and Criminal Courts), a court 'ORDER' is void if issued without jurisdiction, in violation of the law, or in defiance of due process. This principle is supported by several case laws:
- *Anlaby v. Praetorius* (*): A plaintiff cannot obtain a valid judgment if the proceedings are fundamentally void.
- *Crane v. Director of Public Prosecutions* [*]: An order void ab initio lacks the essential elements of a valid court order.
- *MacFoy v. United Africa Co. Ltd.* [*]: A void order is irrevocably void, rendering all proceedings founded on it void.
**Conclusion:**
Given the multitude of procedural violations, discriminatory practices, breaches of the Equality Act *, improper application of the Single Justice Procedure, the presence of unlawfully issued liability orders from bulk listings, and the unjust issuance of the interim charging order by the Civil National Business Centre, I respectfully implore the court to:
- Nullify the interim charging order.
- Reimburse legal expenses and council tax payments.
- Acknow
continue from, - Reimburse legal expenses and council tax payments. - Acknow
**Gary John Taylor**
The Moorings,
High Street,
Barnby Dun,
Doncaster,
DN3 1DY
* November *
**To:**
- The City of Doncaster Council
- Doncaster County Court
**Subject: N244 Application and Witness Statement Submission**
Dear Sir/Madam,
I am writing to submit my N244 application and witness statement regarding the unlawful interim charging order issued by the City of Doncaster Council. This submission addresses:
- Serious procedural breaches
- Discrimination
- Void orders
- Misrepresentation of the Local Government Finance Act * (LGFA *)
- Misapplication of the Single Justice Procedure (SJP)
- The unlawful status of CNBC as a court
**Summary of Key Issues:**
*. **Unlawful Interim Charging Order:**
- The interim charging order disregards the legal classification of my property as a "Dwelling-House," which provides it with significant legal protections. Additionally, CNBC is not a lawful court authorized to issue such orders, rendering them null and void.
*. **Procedural Breaches:**
- Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP
continue from, - Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP
failing to provide essential individual case review, fundamentally undermining the legal requirement for personalized judicial scrutiny in each case.
*. **Discrimination:**
- Actions by the council have violated my rights under the Human Rights Act *, the Equality Act *, and the Disability Discrimination Act *, including discriminatory practices that have disproportionately affected me due to my disabilities.
*. **Void Orders:**
- The lack of a lawful process for issuing liability orders, including the absence of unique court case references and listings for each defendant, severely breaches fundamental legal principles and undermines the right to a fair, individualized hearing.
*. **Misapplication of the Single Justice Procedure (SJP):**
- The use of the SJP for complex council tax disputes is flawed, denying the necessary detailed judicial scrutiny required for fair adjudication and proper consideration of individual circumstances.
**Conclusion:**
I respectfully request the court to:
- Nullify the interim charging order due to procedural irregularities and the unlawful court process.
- Reimburse all legal expenses and council tax payments incurred due to the incorrect classification of my property.
- Acknowledge the procedural violations and mandate corrective actions to address these breaches and prevent future occurrences.
- Provide substantial compensation for the significant financial
continue from, these breaches and prevent future occurrences. - Provide substantial compensation for the significant financial
losses and severe emotional distress caused, including for the extensive hours spent on research and preparation, impacting my personal quality time.
These actions are necessary to restore justice, uphold legal standards, and ensure fairness in the treatment of my case.
**Draft Order Requested:**
*. Nullify the interim charging order dated * October *, issued by the Civil National Business Centre - City of Doncaster Council, due to procedural irregularities and the unlawful court process.
*. Reimburse all legal expenses and council tax payments incurred due to the wrongful classification of my property as a "dwelling" instead of a "Dwelling-House."
*. Acknowledge the procedural violations and instances of harassment by the City of Doncaster Council and mandate immediate corrective actions to rectify these violations and prevent future occurrences.
*. Provide substantial compensation for the significant financial losses and severe emotional distress caused to Gary John Taylor as a result of their actions, including compensation for the extensive hours spent on research and preparation.
*. Mandate comprehensive judicial scrutiny for all future council tax disputes involving Gary John Taylor to ensure strict adherence to legal standards and protections, preventing any further procedural breaches and ensuring fairness and justice.
**Representatives:**
- Scot Robert Fawcus
- Miss Emily Lewin
continue from, - Scot Robert Fawcus - Miss Emily Lewin
**Gary John Taylor**
The Moorings,
High Street,
Barnby Dun,
Doncaster,
DN3 1DY
* November *
**To:**
- The City of Doncaster Council
- Doncaster County Court
**Subject: N244 Application and Witness Statement Submission**
Dear Sir/Madam,
I am writing to submit my N244 application and witness statement regarding the unlawful interim charging order issued by the City of Doncaster Council. This submission addresses:
- Serious procedural breaches
- Discrimination
- Void orders
- Misrepresentation of the Local Government Finance Act * (LGFA *)
- Misapplication of the Single Justice Procedure (SJP)
- The unlawful status of CNBC as a court
**Summary of Key Issues:**
*. **Unlawful Interim Charging Order:**
- The interim charging order disregards the legal classification of my property as a "Dwelling-House," which provides it with significant legal protections. Additionally, CNBC is not a lawful court authorized to issue such orders, rendering them null and void.
*. **Procedural Breaches:**
- Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP
continue from, Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP
), failing to provide essential individual case review, fundamentally undermining the legal requirement for personalized judicial scrutiny in each case.
*. **Discrimination:**
- Actions by the council have violated my rights under the Human Rights Act *, the Equality Act *, and the Disability Discrimination Act *, including discriminatory practices that have disproportionately affected me due to my disabilities.
*. **Void Orders:**
- The lack of a lawful process for issuing liability orders, including the absence of unique court case references and listings for each defendant, severely breaches fundamental legal principles and undermines the right to a fair, individualized hearing.
*. **Misapplication of the Single Justice Procedure (SJP):**
- The use of the SJP for complex council tax disputes is flawed, denying the necessary detailed judicial scrutiny required for fair adjudication and proper consideration of individual circumstances.
**Conclusion:**
I respectfully request the court to:
- Nullify the interim charging order due to procedural irregularities and the unlawful court process.
- Reimburse all legal expenses and council tax payments incurred due to the incorrect classification of my property.
- Acknowledge the procedural violations and mandate corrective actions to address these breaches and prevent future occurrences.
- Provide substantial compensation for the significant financial
continue from, - Provide substantial compensation for the significant financial
losses and severe emotional distress caused, including for the extensive hours spent on research and preparation, impacting my personal quality time.
These actions are necessary to restore justice, uphold legal standards, and ensure fairness in the treatment of my case.
**Draft Order Requested:**
*. Nullify the interim charging order dated * October *, issued by the Civil National Business Centre - City of Doncaster Council, due to procedural irregularities and the unlawful court process.
*. Reimburse all legal expenses and council tax payments incurred due to the wrongful classification of my property as a "dwelling" instead of a "Dwelling-House."
*. Acknowledge the procedural violations and instances of harassment by the City of Doncaster Council and mandate immediate corrective actions to rectify these violations and prevent future occurrences.
*. Provide substantial compensation for the significant financial losses and severe emotional distress caused to Gary John Taylor as a result of their actions, including compensation for the extensive hours spent on research and preparation.
*. Mandate comprehensive judicial scrutiny for all future council tax disputes involving Gary John Taylor to ensure strict adherence to legal standards and protections, preventing any further procedural breaches and ensuring fairness and justice.
**Representatives:**
- Scot Robert Fawcus
- Miss Emily Lewin
continue from, - Miss Emily Lewin
- Alan Stoves
- Damian Francis Allen (in their personal capacities)
Yours faithfully,
Gary John Taylor
**WITNESS STATEMENT OF GARY JOHN TAYLOR**
*. **Introduction:**
- I, Gary John Taylor, of The Moorings, High Street, Barnby Dun, Doncaster, DN3 1DY, make this Statement of 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:**
- Unlawful Interim Charging Order
- Procedural Breaches
- Discrimination
- Void Orders
- Misrepresentation of LGFA *
*. **Dwelling-House Definition and Classification:**
- A "Dwelling-House" is a legally recognized ‘home’ with essential living facilities. This classification provides legal protections that the council's charging order disregards.
*. **Events and Personal Impact:**
- On * November *, I received a notification of an interim charging order, retroactively dated * October * (Exhibit GJT19), issued by the council. This
continue from, - On * November *, I received a notification of an interim charging order, retroactively dated * October * (Exhibit GJT19), issued by the council. This
order was based on a bulk liability list attached to the reverse side of the order (Exhibit GJT21) included in a letter sent on * October * (Exhibit GJT20). The served copy of the interim charging order was received on * November *.
*. **Violation of Individual Case Assessment:**
- The processing of liability orders without individual court case reference numbers for each defendant undermines the need for individualized judicial scrutiny. This oversight contravenes the legal principles established in *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** (Exhibit-GJT3).
*. **Procedural Adherence and Fairness in Council Decisions:**
- The case of *Regina v Horsham District Council [*] * W.L.R. ** (Exhibit GJT18) highlights the necessity for councils to follow proper procedures when making decisions, which is crucial for property classification and the issuance of charging orders.
*. **Single Justice Procedure (SJP) Misapplication:**
- Utilizing the Single Justice Procedure (SJP) for complex council tax disputes is inappropriate as
continue from, - Utilizing the Single Justice Procedure (SJP) for complex council tax disputes is inappropriate as
these cases require detailed judicial scrutiny rather than summary handling under SJP, as highlighted in *R v. Birmingham Magistrates' Court ex parte Ahmed [*] EWHC Admin ** (Exhibit-GJT3).
*. **Evidence Presented by the Claimant:**
- The Claimant's documentation includes a Doncaster Magistrates Court Schedule of liability orders for council tax dated * July * for *,* defendants. Additionally, a 'liability order report' dated * July * on the reverse side evidences *,* defendants under illegitimate liability orders. The absence of lawful liability court orders and unique case numbers for * defendants across *, *, and * constitutes a severe breach of legal principles.
*. **Ramifications for Defendants:**
- The mass processing of cases, lacking individual unique court claim identifiers and thorough judicial scrutiny of documents, leads to significant errors and injustices for defendants. This method strips individuals of their right to personalized legal scrutiny and a fair hearing, blatantly violating their legal, lawful, and human rights.
*. **Petition for Judicial Review:**
- I urge the court to scrutinize the procedural
continue from, *. **Petition for Judicial Review:** - I urge the court to scrutinize the procedural
errors and misapplication of the Single Justice Procedure (SJP). Each defendant's case must receive thorough individual evaluation to ensure adherence to legal protocols, equitable treatment, and justice.
*. **Dispute Regarding the Liability Order:**
- I have formally requested detailed substantiating evidence from the Claimants about the alleged debts. To date, these requests remain unaddressed, contravening the findings in *Steel v. NRAM Ltd [*] UKSC ** (Exhibit-GJT5), which asserts that mere demands do not equate to definitive proof of debt.
*. **Lack of Lawful Court Orders:**
- The failure to issue lawful liability court orders and unique case numbers for * defendants across *, *, and * represents a severe violation of legal principles, directly contravening *R v. Swindon Borough Council ex parte Roberts [*] EWHC Admin ** (Exhibit-GJT4).
*. **Violation of the Human Rights Act *:**
- The Council's actions constitute a direct infringement of my rights under Article * of the Human Rights Act *, which safeguards an individual’s right to respect for private
continue from, - The Council's actions constitute a direct infringement of my rights under Article * of the Human Rights Act *, which safeguards an individual’s right to respect for private
and family life.
*. **Breach of the Disability Discrimination Act *:**
- The actions taken by Doncaster Council may represent unlawful discrimination against me based on my health conditions, directly violating the provisions of the Disability Discrimination Act *. This Act mandates reasonable adjustments and unequivocally prohibits unfavourable treatment rooted in disability.
*. **Contravention of the Equality Act *:**
- **Indirect Discrimination:** The Council's imposition of fines and additional financial burdens disproportionately impacts individuals with disabilities, breaching the principle of equal treatment.
- **Neglect of Reasonable Adjustments:** Despite my ongoing health issues that significantly compromise my financial standing, I have persistently made arrears payments when feasible. The Council has failed to adapt their approach or offer necessary support in light of my circumstances, violating their duty to implement reasonable adjustments.
- **Harassment:** The Council has systematically targeted me by levying unnecessary costs at every turn over the years, even as I have attempted to resolve these issues amicably. This behaviour cultivates an environment of intimidation and hostility, amounting to harassment.
*. **Void Court Orders:**
- As stated by Shirley Lewald, a Solicitor Advocate with Higher Rights
continue from, *. **Void Court Orders:** - As stated by Shirley Lewald, a Solicitor Advocate with Higher Rights
(Civil and Criminal Courts), a court 'ORDER' is void if issued without jurisdiction, in violation of the law, or in defiance of due process. This principle is supported by several case laws:
- *Anlaby v. Praetorius* (*): A plaintiff cannot obtain a valid judgment if the proceedings are fundamentally void.
- *Crane v. Director of Public Prosecutions* [*]: An order void ab initio lacks the essential elements of a valid court order.
- *MacFoy v. United Africa Co. Ltd.* [*]: A void order is irrevocably void, rendering all proceedings founded on it void.
**Conclusion:**
Given the procedural violations, discriminatory practices, breaches of the Equality Act *, improper application of the Single Justice Procedure, the unlawfully issued liability orders from bulk listings, and the unjust issuance of the interim charging order by the Civil National Business Centre, I respectfully implore the court to:
- Nullify the interim charging order.
- Reimburse legal expenses and council tax payments.
- Acknowledge procedural violations and mandate corrective actions.
- Provide substantial compensation for financial losses and emotional distress.
Yours faithfully,
Gary John Taylor
check rewrite paragraph more impact: *. **Exhibit-GJT21: - Description: Liability Order Report dated * July * attached to reverse side the Order dated * July *
~Gary John Taylor
The Moorings,
High Street,
Barnby Dun,
Doncaster,
DN3 1DY
* November *
~To:
- The City of Doncaster Council
- Doncaster County Court
~Subject: N244 Application and Witness Statement Submission
Dear Sir/Madam,
I am writing to submit my N244 application and witness statement regarding the unlawful interim charging order issued by the City of Doncaster Council. This submission addresses:
- Serious procedural breaches
- Discrimination
- Void orders
- Misrepresentation of the Local Government Finance Act * (LGFA *)
- Misapplication of the Single Justice Procedure (SJP)
- The unlawful status of CNBC as a court
~Summary of Key Issues:
*. **Unlawful Interim Charging Order:**
- The interim charging order disregards the legal classification of my property as a "Dwelling-House," which provides significant legal protections. Additionally, CNBC is not a lawful court authorized to issue such orders, rendering them null and void.
*. **Procedural Breaches:**
- Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP), failing to provide essential individual case review
rewrite last paragraph *
~Gary John Taylor
The Moorings,
High Street,
Barnby Dun,
Doncaster,
DN3 1DY
* November *
~To:
- The City of Doncaster Council
- Doncaster County Court
~Subject: N244 Application and Witness Statement Submission
Dear Sir/Madam,
I am writing to submit my N244 application and witness statement regarding the unlawful interim charging order issued by the City of Doncaster Council. This submission addresses:
- Serious procedural breaches
- Discrimination
- Void orders
- Misrepresentation of the Local Government Finance Act * (LGFA *)
- Misapplication of the Single Justice Procedure (SJP)
- The unlawful status of CNBC as a court
~Summary of Key Issues:
*. **Unlawful Interim Charging Order:**
- The interim charging order disregards the legal classification of my property as a "Dwelling-House," which provides significant legal protections. Additionally, CNBC is not a lawful court authorized to issue such orders, rendering them null and void.
*. **Procedural Breaches:**
- Liability orders were unlawfully processed in bulk under the Single Justice Procedure (SJP), failing to provide essential individual case review.