Troubled Waltham Forest Council Loses Court Case Over Fraudulent SPD Form

Actor, writer-singer and documentary maker Mark Windows, has triumphantly won a court case against troubled Waltham Forest Council after it was proved and agreed by the Magistrate; that the council had blatantly lied and tried their utmost to deceive the rest of the community that ultimately would affect everyone else in the country who too faced a similar dilemma. 

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Mark Windows

 It appears this case has exposed a major fraud being committed by local councils, and that therefore anyone in a similar situation should too consider challenging the councils own “guidelines” which is the insistence you fill in a copy of their own SPD form, despite this not being the necessary procedure. 

It’s appears this is yet another example where “councillors” and Town Hall officials are deliberately ignoring the law of the land and adopting a “Common Purpose” kind mentality instead.         

According to Mark Windows; Waltham Forest Council committed perjury and were in contempt of court.   They gave erroneous information and failed to provide the correct information.  Their barristers skeleton argument was taken apart with no objection raised by the council or their barrister. The discount was reinstated and they were denied costs.  The counterclaim against them can be pursued.”

The Magistrates/Judge’s ruling, proved that an applicant does not have to fill in a SPD form, which is not a council document and that they can ask the council for a form instead or simply provide the information themselves to the council.  This form has been rolled out all over the country by affiliate partners and companies on behalf of your local council.

The most significant part of this case is that the Judge ruled in Windows’ favour permitting him to ‘counterclaim’ costs against his council, this would apply to anyone else in the same kind of predicament.  

Mark Windows said; “London Borough of Waltham Forest Council proceeded on an assumption after having been furnished with the facts in a vexatious court case which was not in the public interest and wasted the time of the Crown and Council Tax payers money, as well as my own losses which form the counterclaim.”

His failure in responding to the councils online request, automatically issued a computer generated summons.  “Having not filled in the fraudulent and unconscionable SPD form, the council failed to respond to all points made in my correspondence and obfuscated and failed to address the fraud.  This was right up to the time of the court case when all documents were served with my concerns, and correct determinations to the Head of Legal Services; Daniel Fenwick, who was served several documents which could have stopped the council wasting their money, the time of the courts and of myself,” said Windows.

This wouldn’t be the first time Waltham Forest Council have been accused of being incompetent and wasting taxpayer’s money, when it was reported on the 22nd September 2011 [1], that they took store owner Linda Bracey to court for giving away a spare cardboard box to a passer-by, that certainly it didn’t seem like a situation to warrant the attentions of a court, but seemed to warrant the fact that they like to be seen sending out the wider message to their counterparts; "How in-vogue the Common Purpose mentality really is at Waltham Forest Town Hall."

But her local council took a different view, prosecuting her in a case branded by a judge as ‘a monumental waste of public time and money’.

The authority ran up legal bills of £15,000 after accusing Mrs Bracey of ‘illegally disposing of business waste’ when she handed over the boxes following a request from a member of the public. [1]

In light of this 'cardboard box' case, it’s probably the same kind of costs incurred trying to prosecute Mark Windows’ for not filling out a SPD form, that's not even required in the first place.

Unnecessary: Linda Bracey said Waltham Forest Council's decision to prosecute her for giving a cardboard box to a passer-by was 'ridiculous'

Unnecessary: Linda Bracey said Waltham Forest Council's decision to prosecute her for giving a cardboard box to a passer-by was 'ridiculous'

Mrs Bracey, 54, said; that if successful, the prosecution would have seen supermarkets and other businesses effectively banned from giving away spare boxes to customers who might want to carry their shopping or use them for packing when moving house.

But, following a trial during which Judge Alex Milne QC called for an  outbreak of ‘common sense’, a jury at Snaresbrook Crown Court acquitted her company, Electro Signs, in Walthamstow, East London, of breaching environmental protection laws.

A Crown Court jury acquitted Mrs Bracey's firm, Electrosigns, after she was prosecuted for illegally disposing of business waste

Councillor Clyde Loakes, Waltham Forest Council Cabinet Member for Environment, described the outcome of the case as 'incredibly disappointing'

Despite Mrs Bracey winning the case, councillor Clyde Loakes, Waltham Forest Council Cabinet Member for Environment, described the outcome of the case as 'incredibly disappointing'.

Waltham Forest Council still silent over evidence of fraud at major charity!

On the 27th March 2012 it was reported [3] that the man who uncovered widespread financial failings at the Waltham Forest town hall, has said the council leadership should "hang its head in shame" after evidence of fraud emerged at a collapsed charity with close ties to the authority.

Research by Nick Tiratsoo, a community worker of Odessa Road, Leytonstone, showed rules to prevent the fraudulent use of taxpayer’s money were regularly ignored by officers between 2004 and 2009.

Despite an internal review which promised to tighten procedures a independent inquiry was later launched when further evidence of malpractice emerged.[3]  

For the full story and more details about Mark Windows' case, see the link below; [2]


[1] Read more: http://www.dailymail.co.uk/news/article-2040091/Waltham-Forest-coun...
[2] Read more: http://landofthefree.co.uk/site/component/content/article/1-latest-...

[3] http://www.guardian-series.co.uk/news/wfnews/9614564.WALTHAM_FOREST...

 

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