Court summons over school attendance

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Court summons over school attendance

Postby SCORPIOUK » Thu Feb 20, 2014 1:36 pm

Hi last year my step daughter was going through a hard patch after her biological farther came into her life for the first time in 15 years and left just as quick leaving her very upset and confused she began self harming. Her grandmother had also died just before all of this which also had a big effect on her as they were very close. We contacted her school and took her to the doctor to get help anyway one particular week she was feel very upset and had begun self harm ie cutting herself on the wrists and tops of her legs due to this we decided to take her out of school for a week and to try and give her some time with the family and try and help her through this. we have now been summonsed to court for non attendance this is the first contact we have had the education department said they sent a letter giving us the opportunity to pay a fixed penalty which we never received . see attached summons. Can anyone please advise on how to deal with this i have no problem standing up for myself in court i just need to know how to proceed many thanks karl.
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Re: Court summons over school attendance

Postby pitano1 » Thu Feb 20, 2014 10:22 pm

hi scorpiouk.
this is....NOT a court summons.

where is the court seal..e.t.c
contact...the court,and demand a `CONFORMED`...COPY..or even`if they have any record
of this..`so called..summons.

it would,also be very interesting to find out the name,of the justices clerk,as well.

i notice,that the the nice lady from the council,was stupid enough to be named.
oh....dear.. :giggle:

anyway...here is some info,you may find interesting.
it mentions council tax,but i think it still applies,because
it applies to councils,and their dodgy..dealings.



Summary … from information supplied by Peter Croll:

“One of the quickest ways to get rid of the Council Tax bailiffs is to insist they show you the Warrant of Execution”.

“They don't have them, so their form 'Notice of Execution of Distress Warrant' is fraudulent”.

The reason is this:

If you inspect Form N323 … http://wbus.westlaw.co.uk/forms/pdf/cpf00264.pdf ... “Request for Warrant of Execution” … you’ll see a space at the top right for the COUNTY Court, and Claim Number.

This is because it is in a COUNTY Court that claims (for “money”) are processed, which result in a CCJs.

A CCJ will be associated with a Claim Number.

The Maggot’s Circus doesn’t ever ‘prove’ anything. They just rubber-stamp … as we know.

Furthermore we know that the Council doesn’t even lodge any ‘LEGAL OR LAWFUL complaint’ … it just goes ahead, prints its own “Court look-alike” Summonses, and runs its own “paid-for” Liability Hearings.

To lodge a ‘LEGAL enforcement of a monetary demand’ it would have to go to a COUNTY Court!

So it never even kicks off as any remotely valid “Claim Process”. Because, if it were making a Claim … … for money … it would have to go to the COUNTY Court … not a Magistrates Court.

The Council would have to get a CCJ.

Then it would be possible to fill in Form N323 and “Request a Warrant of Execution” … because it would have the County Court Name & the CCJ/Claim Number.

If they haven’t filled in Form N323 and REQUESTED a Warrant of Execution, then they can’t possibly have a Warrant of Execution … can they?

If they don’t possess a Warrant of Execution … then they have ZERO standing to do ANYTHING AT ALL.

Why is this? Simply because of the QUANTITY. The ‘system’ (of due process) cannot possibly cope with the QUANTITY of Complaints/Claims that would be necessary.

Bear in mind, one Liability Hearing will rubber-stamp THOUSANDS of Council Tax demands at one morning sitting! (Assuming no-one turns up … which is most likely).

“Corners” are cut to the bone, in order to create some form of enforcement mechanism. Which only ‘works’ by deception and intimidation AND PEOPLE NOT KNOWING THEIR RIGHTS!

Unfortunately, if you cut ANY corner, it will completely invalidate any ‘enforcement’.

OH!!! BTW!!! THIS MUST BE TRUE OF ***ALL*** ENFORCEMENT OF ALL FINES!!! THINK ABOUT THAT!!!

Vxxx

JUST IN CASE..you decide to go to court.
some info,and stratagy.
courtesy of veronica.

YOUR CASE IS SUMMARY..B.T.W.. :grin:










The Magistrates Court is a Star Chamber of Arbitration. And “Arbitration” i.e. to treat the offence as “Summary”, requires “consent”. And the way they gain your consent is by the TRICKERY of asking you to plead “Guilty” or “Not Guilty”.

Whichever way you plead, you are saying “OK judge me, then”. And then they will find some way of stitching you up (even against all the odds). And you will come out feeling as though you have been taken to the cleaners – which is precisely what HAS happened to you!

So, how do you stop that … and exercise the Crown Court route?

YOU DON’T PLEAD. You say: “There is no case to answer”.

THIS WILL NOT, NECESSARILY, STOP THEM IN THEIR MADNESS. (They ARE mad, by any definition of ‘insanity’).

They may very well ignore you, and say they will “Enter a plea of Not Guilty on your behalf”.

This proves they are mad.

Because, if you say: “I have not granted you Power of Attorney to do that” … they DO stop … dead in their tracks … or at least WILL stop … sometime later … when they fully realise what you have said.

When the penny drops. When it dawns on them.

In the heat of the moment, at the time, they may very well carry on, and create a conviction there and then.

But that’s fine! That works in your favour! That means you have them bang to rights!

Bang to rights/Case closed … for a Private Criminal Prosecution against them for: Misconduct in Public/Judicial office, Abuse of Process, Perverting the Course of Justice, and Conspiracy to Defraud.

Instead of all those offences THEY committed, they should have run the “Committal to Crown Court” process if the offence was “Tryable, either way”.

Actually you could tell them all that, in the heat of the moment. IT IS TRUE … and it is very likely that they would stop and listen.

BECAUSE IT IS SOMETHING THAT HAD PROBABLY NEVER OCCURRED TO THEM BEFORE.

(And they would be starting to think how many times they got away with it in the past, because no-one realised it!).

(Note: This mechanism has a Track Record. It SUCCEEDED in Carnarvon Magistrates Court, and I believe it be why I succeeded in Southern Derbyshire Magistrates Court)

So, that deals with Indictable and Tryable, either way … what about Summary?

Well … you apply the same technique as above. Exactly the same.

Then … as far as I can see … I don’t know what they are going to do … they are stuffed.

Because they can’t move a Summary offence to Crown Court … that kind of offence is far too ‘fake’.

If you won’t plead – and give them joinder – and won’t grant Power of Attorney – and you point out Misconduct in Public/Judicial office, Abuse of Process, Perverting the Course of Justice, and Conspiracy to Defraud … and the Bill of Rights 1689 “THAT all Promises and Grants of Fines and Forfeitures before conviction are illegal and void” … and “There is no case to answer” … then what?

Dismissal … though lack of jurisdiction … is the only thing I can think of.

So, you manage to get it into Crown Court, what then?

First of all there will be a “Pleas & Case Management” Hearing, in front of a Crown Court Judge.

The Judge will decide whether or not to pass it into a Jury Trial.

If it is Freeman-on-the-Land stuff, then EVERYONE will be on your side … the Judge, the CPS Prosecution, and you.

Why? Because the LAST thing that the TPTB would want is for a Jury Verdict based on Freeman-on-the-Land stuff!

So, they will pull out all the stops to prevent that happening, and the likelihood is that the Judge will dismiss the case.

Now, returning to Magistrates Courts, for a second

If all they can ever do is to “Commit to Crown Court” for Indictable and Tryable either way offences, and if they have no option but to dismiss Summary offences (through lack of Power of Attorney) … it will soon be asked “What the fuck are they doing, anyway?”.

Added to which, TPTB are already closing down Magistrates Courts – left, right, centre - because they are “not profitable”.

That will then give us the leverage to demand a return to Grand Juries … which worked for centuries, before they fucked about.

And that is my Plan.

Vxxx
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
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Re: Court summons over school attendance

Postby SCORPIOUK » Thu Feb 20, 2014 10:53 pm

Thanks for the reply Pitano1 i will be contacting the court in the morning i will post the outcome watch this space :8-):
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Re: Court summons over school attendance

Postby Dreadlock » Thu Feb 20, 2014 11:10 pm

You could also write to the Ministry of Justice under the freedom of information act and ask them if they have any knowledge of the summons being issued.
They won't have of course and that's really all the evidence you need.
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Re: Court summons over school attendance

Postby SCORPIOUK » Fri Feb 21, 2014 12:33 pm

Hi guys i phoned the magistrates court as advised, they have no record of me being summonsed to court on the day stated.They said there was hearings on that day as the court is hired by the council. i told them that the summons i had was not legal to which the lady a i spoke to agreed as there was no official court stamp on the summons i have.then i asked for a conformed copy of the summons she had no idea what i was talking about and ask me to email there legal department. where do i go from here ? :8-):
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Re: Court summons over school attendance

Postby SCORPIOUK » Fri Feb 21, 2014 2:33 pm

Just an update the magistrate court has just phoned me and told me they will be sending me an official court summons from the court i should receive it within a week. They told me this morning they had no record of me being in court on that date so how can they send me another summons supose ill have to wait for the summons and take it from there :8-):
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Re: Court summons over school attendance

Postby pitano1 » Fri Feb 21, 2014 4:39 pm

ummm...the thlot plickens.. :grin:

some more info.

http://www.landofthefree.co.uk/site/component/content/article/1-latest-news/59-council-taxupdate-on-how-not-to-get-summonsed

Issuing a summonse

If there is a case to be heard in the court it has to be sent to the court clerk (or court manager at County Court) to consider, they then issue a summons which is sent directly from the court. As the council issue the summons it is not a court matter, they just make it appear so by inviting (summonsing) the person to the court. As this is just a procedural matter for summary judgement (person already liable) and not of course a "hearing" it makes sense for them to do it themselves!

county court

LEGAL COURT DOCUMENTS

QUESTIONS TO ASK BAILIFFS AND WHAT TO SAY - and MUCH more
http://forum.fmotl.com/viewtopic.php?f=64&t=10078

RULES
A Court Order which has a seal or stamp is called in law a 'conformed' version. The legal profession want you to believe it is valid, even if it is unsigned or unsealed when somebody serves it on you. This is nonsense. It is nonsense also if it is served as a photocopy.

The people in the legal industry will tell you to visit to the courthouse where YOU can buy a copy of the original ! But this too is nonsense. A Court Order must be signed and sealed and must be shown to be the ORIGINAL when it is served. Without which any person is fully entitled to doubt its authenticity.

have fun. :grin:
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
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ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit
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Re: Court summons over school attendance

Postby musashi » Sat Feb 22, 2014 12:45 am

The first thing you should have done was to contact the education department and tell them that you did not receive any letter they say they sent you and ask for a copy. Check the date on it.
Remind them that you had already contacted the school about your step daughter's condition and that taking her out for that week was in relation to that matter.
Apologise for the failure to inform them of removing her for that week and say that it was because of emotional concern for your step daughter that you forgot to tell them.

Remind them that, as they act in loco parentis of her, they have a duty of care for her which includes her physical and mental health and welfare. As they appear to have failed in trying to determine the cause of her absence after being informed of her condition by you previously, but merely assumed that you had broken the statute related to school attendance, they were in fact in breach of that duty of care and entirely unreasonable. This, you could argue, is a negligence on their part.

As the council run the education locally and act for the 'parishioners' they, too, are in a duty of care position. If they have simply been informed by the school of your daughter's absence then they could proceed against you legally. Your dispute must be with the school and what they did or did not tell the council. Did they tell them of your daughter's condition? If not then your claim is against the school for breach of duty of care. Ask the council for a copy of the report made to them by the school. The answer lies there. If they did not include the health information then they are negligence in breach of that duty of care as they are in loco parentis. If they did include the information in their contact with the council then the council, as a duty of care, should have made enquiry instead of simply issuing a summary fine. Your step daughter's absence could have been for any number of legitimate reasons.

If you do have to attend court for this summary offence you could try telling the magistrate that you have not exhausted your equitable remedies and are in discussion with the school and the council and that the debt is in dispute. Ask the court if the offence is a crime of strict liability. If it is not, and it is not, then the council could have sought a more equitable remedy to the matter such as an explanation, an apology, an undertaking to regular attendance. Issuing a summart fine without conducting an enquiry into the reasons for her absence is far from equitable, is unreasonable, and a complete disregard for the health of a vulnerable young person whose condition has been reported to the school and her health practitioner and in complete disregard of the welfare of a parishioner for whose care they are in statutory obligation.
Tell the court that you apologise for her absence and your failure to inform, and say that to financially punish an already strugggling family is unfair and unreasonable response to what is, after all, a minor ommission and, anyway, in no way remedies the situation. It would be unfair to punsh parents because they were overtaken by emotional concern for their chikd.It only makes it more difficult for you and your vulnerable step daughter. Suggest that the school and the council may be somewhat unreasonable in their actions and should, really, have made more enquiries rather than waste the court's time in a very trivial matter that could have been resolved by a visit or a brief discussion of the facts.
Ask the court's indulgence and understanding and make a promise/undertaking to the court that it will not happen again.

Also consider telling the court, if all else fails, that you were not informed of the council proceeding against you, which is a defect of procedure and therefore the order they made against you is void. The school made no contact with you on the matter either. A void order results from a defect in proceedings - as written by Shirley Lewald, and a copy of this can be found in my old post on the matter. About a year ago when I posted it. search my posts for "The Void Order".

Be humble and respectful, show courtesy and civilised behaviour.

Kind regards, Musashi.
It's still fucked, isn't it?
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Re: Court summons over school attendance

Postby SCORPIOUK » Tue Feb 25, 2014 8:38 pm

Okay i have an update, after demanding a conformed copy of the original court summons with authentic court seal ect the courts agreed to send me this,this is what i received today an exact copy of the first piece of useless paper. so at court i am going to go down the route of no jurisdiction and no case to answer as it isn't a court of law but a pantomime put on by the council and the court to extort moneys by deception. Any advice or further guidance is appreciated
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Re: Court summons over school attendance

Postby Too Far Gone » Wed Feb 26, 2014 9:54 am

I had a similar one over council tax. I just wrote to the court and council stating that I did not recognise the summons to be a legal document issued by the court. You can...

1. Send it back and ask for the original official document, as this isn't it. I would return the summons to them if you do this.
2. Write to them (court and council) stating that you do not regcognise this to be an official document, as it lacks a court logo/seal etc.

Here is a piece of a letter of mine regarding this issue.

Dear Sir / Madam

Thank you for your letter dated (date)

We voided your Liability order some time ago on the grounds that it does not comply with the Acts and statutes set out in the following:

• Justice Clerk Rules 1999 (Statutory Instrument 1999/2784).

• section 51 of the Magistrates’ Court Act 1980.


read up on those acts.

Also, ask the court for a copy of the original complaint laid by the council. This needs to be done in order to trigger a summons, as explained in section 51.
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