Must a magistrate sign a court summons?!

[NickMystery]

Hi,
I'm new to this forum. I saw John Harris's 'It's an Illusion' video recently following a friend's recommendation and was blown away! I've been reading the news articles on this website since, and Barry Family's case RE Council Tax and the malpractice of the "authorities" involved made me question a recent court summons I received...
Anyway, here's my story. I hope someone can help offer some advice...
A police car recently followed me and randomly did a PNC check on me whilst I was driving through Exeter city centre late at night. I only bought the car in October 2009 from a mechanic, who had checked the car thoroughly and deemed that it was road worthy before selling it to me. I was faintly aware that the MOT had run out on it (on December 1st 09), but hadn't got round to renewing my MOT (entirely my fault, I must admit). I got pulled over, questioned in the back of the police car and got cautioned for driving without a valid MOT on my car.
(Having since watched John's video, perhaps I shouldn't have told the officer who I was, but I did. Out of interest, does anyone know if police can use refusing to give your name as a reason to search you? And if they do, and find a form of ID in your wallet, can they use that as joinder to identify you with?)
I've received a court summons for this offence the other day. I'm interested in fighting my case, as I resent the idea of having to pay a hefty fine and getting a criminal conviction for such a trivial matter (I feel no guilt or remorse morally speaking, as I know the car to be safe to drive).
I noticed the statement quoted below in the news article on this website about Norm & Steve's ( of the Family Barry) case with regards to Council tax:
"It must also be noted with urgency, that the signature on the summons, is the same as the signature on the Liability Orders – that of the CLERK TO THE JUSTICES – Not even BY the magistrate!!!"

Is it illegal or unlawful for a court summons not to be signed by a magistrate? My court summons has only T.A.M. SMITH printed on it (not even signed), with the title, Justice's Clerk printed below.
Another document that arrived in the envelope was entitled "Notice to Defendant: Proof Of Written Statement" and had written at the bottom of it
Address any reply to:-
Amanda Jayne DAVIES
Orange Team - Argal House
ARGAL HOUSE
Peninsula Park Rydon Lane
Exeter
EX27NT
and was signed (presumably by Amanda- it was a squwiggle) with the words (on behalf of the prosecutor) printed below.
Could she be the magistrate?!
If they haven't followed the correct procedure in terms of issuing me with the summons, does that strengthen my case?
On another note:
In the witness statement from the police constable, I noticed that he described my Vehicle as a "Blue Ford Escort". It is in fact a Vauxhall Astra. They refer to it as a Vauxhall under the Offences section of the sheet of paper entitled "Summons". In both references, they do list the correct registration number for the car.
Again, are such discrepencies relevant?
I'm debating whether to seek legal advise and try and fight my case, or whether I should just pleed guilty and accept the fine, points on my licence & criminal conviction that will most likely ensue.
Thanks for taking the time to read this,
Nick

[wiking]

A bloke in Australia has been quashing court summons for some time with 'conditional acceptance'
Local courts wont accept it, but higher courts will and it gets the summons/case quashed.
Thats one possible strategy.

His name is Thomas Anderson and has written some good books and even gets banks to quash loans.

[NickMystery]

Cheers Wiking. Thanks for your advice mate. I'll look into that

[busylizzy]

theres no points for no mot and omly a small fine


if you wont tell them your name for a traffic stop they will arrest you and then search you

[NickMystery]

Thanks Busylizzy. Yeah, i slightly suspected that they probably would have arrested me and searched me if i refused to give them my name. When I asked the policeman what was likely to be my punishment, he said probably 3 points and a fine. You certain it'll just be a fine? I would imagine that you probably can get points on your licence for driving without MOT. It's that which concerns me more than the fine as it'll raise my insurance premium. That said, I'm not especially keen on the fine either! When asked how much the fine would be, he said no less than £100. I've tried to hunt down the actual acts which they're using against me to learn more about the possible consequences of pleading guilty, but i'm not having a lot of joy!
Can anyone offer any practical advice on what I should write in response to my summons? The court date is looming and i've not replied to their letter/notice yet. I need to write something back to them. I'm guessing a conditional acceptance letter of some variety is probably the way to go about it, from what I've read on various forums like this so far... I'm just not sure what questions I should put in it.
Cheers
Nick

[NickMystery]

Here's the letter I sent back to them, for anyone interested. I also attached an N9 form, plus evidence that Devon & Cornwall Police are a company. I've not heard back from them yet. I hand delivered my notice to the county court, and got them to sign for it. It's my court date today. I told them that I wasn't going to it. I'm a bit nervous if I'm honest, but fingers crossed, ey?! Big thanks to Darren and KentB. I've grabbed bits from your template letters that I thought appropriate, then added in extra bits that I saw fit too. I've never put together a notice like this before, so any feedback would be much appreciated... Cheers

Amanda Jayne DAVIES,
Orange Team – Argal House
ARGAL HOUSE,
Peninsula Park, Rydon Lane,
Exeter
EX27NT

Date: 9th February 2010
Your Case Number (as referred to in your Notice to me): xxxxxxxxxxxxx
This is a Notice of Understanding and Intent and should be considered both a Notice and an Affidavit of Truth and handled as such – this constitutes my acknowledgement of and response to the notice and summons, dated 27th January 2010 and sent to Flat 4, 33 Powderham Crescent, addressed to Mr Nicholas XXXXXXXXX.
I, Nick: of the Xxxxxxxxxx family, sentient mortal man, hereafter ‘Undersigned’, am authorised to respond on behalf of ‘Mr Nicholas XXXXXXXXX’.
Undersigned does not wish to argue with nor dishonour any genuine and lawful presentment from Devon & Cornwall Constabulary and/or Central Devon Magistrate’s Court, and wishes on behalf of the purported defendant to meet all lawful obligations the purported defendant may have with Devon & Cornwall Constabulary and/or Central Devon Magistrate’s Court and offers to attend court upon proof of claim sworn by Affidavit by an employee/officer/agent/assigner or nominee of Devon & Cornwall Constabulary and/or Central Devon Magistrate’s Court under a living man’s/woman’s own unlimited personal commercial liability attesting to the facts being true, complete, correct, certain and not misleading and with first hand personal knowledge that they can furnish Undersigned all of the following:
1. Proof of Claim that I am the “person” or entity Mr Nicholas XXXXXXXXX
and not the Sovereign Living Breathing Life Force Soul of the Man, Nick: of the Xxxxxxxxx family, as commonly called;

2. Proof of Claim that Undersigned has entered into a Contract or Commercial Agreement with Central Devon Magistrate’s Court that was entered knowingly, voluntarily and intentionally;

3. The document or otherwise that evidences that Central Devon Magistrate’s Court provided the purported defendant with full disclosure in relation to any ‘implied’ contract;

4. Proof of Claim that the Road Traffic Act 1988 applies to me, a Sovereign Living Breathing Sentient Man;

5. Proof of Claim that a contract that contains any element of fraud / deception or misrepresentation is not null and void;

Notices.:
6. I Notice the fact that a summons is in fact an invitation with no obligation associated.
7. I Notice that the signatory who signed the “Notice to Defendant” document has not left a printed version of their name beneath, so I am assuming to be Amanda Jayne Davies. I am unsure.
8. I Notice that there was no signature under the name T.A.M. Smith.
9. I notice that in the summons delivered to Flat 4, 33 Powderham Crescent, in the paragraph entitled “Offences” the car allegedly driven was a “Vauxhall motor car.” In the only witness statement that has been presented by the police, PC 5749 STEER_FROST has described the vehicle as a “blue ford escort.”
10. I Notice the Fact that Devon & Cornwall Police is not an Authority, since it is a registered company, listed under Duport Company Services. As it appears to have neither a co-operative nor charitable status, this would imply they operate for profit and therefore cannot also be Public Authorities which are owned by the people, and for the people and operating for the Public Good.
11. Can you please clarify whether or not Central Devon Magistrate’s Court is also a registered company?
12. As Companies can only enter into contract, they cannot oblige, dictate nor exert higher authority upon a real human being, I therefore ask for a copy of the contract in question – when did we negotiate, where is the signed contract, and when did you provide full disclosure and equal consideration?
13. You are assuming liability on the basis of Understanding a Statute, not a Law. I do not Understand. The statute named in your document is not a law: a Statute, by definition, is ‘A legislated rule of a society which is given the force of law by the consent of the governed,’ (source: Black’s Law Dictionary 5th Edition) making it a contractual arrangement of Corporate and Statute Law and not one under the Law of the Land, which is the Common Law, for which I am a constituent. Statutes are given the force of law to those who have consented to be governed. I have not given consent to be governed in said fashion as is proven by a number of reasons :
a) I have no elected representative for whom I opted, as such, the Statute cannot apply – I have not given consent to be represented nor governed.
b) A Statute is a legislated rule of a society. A society must have a name to exist, and members of a society can contribute to its legislation and operate fully within its arenas of jurisdiction. I am not a member of the Law Society and it is only the Law Society who can contribute to legislation in the United Kingdom and operate fully within arenas of jurisdiction e.g. courts; legal libraries. Since I am not a member of the society, the society’s rules cannot apply – they are for its members only. By contrast, a Law is a form of constitution which is what constituents can contribute to.
c) I was never proposed nor tendered any contract, Act or Statute for my contractual consideration and in fulfilment of full disclosure. As such there is no valid consent and therefore no contract and no remit for enforcement.
14. I Notice that I reserve my right not to stand under the aforementioned Regulations, nor to accept the authority of your invitation.
15. I do not wish to attend court, nor do I consent to my case being held in my absence.
16. I do not consent to liability for any court costs that may ensue from this case.
17. You have given Mr.Nicholas XXXXXXXXXX notice of an “official request” for a statement of financial circumstances. Undersigned conditionally accepts this request on behalf of Mr.Nicholas XXXXXXXXXX, given you can furnish Undersigned with the following:
a) A statement of Central Devon Magistrate’s Court’s financial circumstances.
b) A statement of Devon & Cornwall Constabulary’s financial circumstances. (I have some alarming evidence (see attached), courtesy of Duport company services, that Devon & Cornwall Police have County Court Judgements held against them!)
c) You follow up this request with a demand or an order. A request is defined as being: the act of asking, or expressing a desire, for something; solicitation or petition. (Source: www.yourdictionary.com )
It implies that it can be met with both a yes or a no. Which makes me question the validity of your assertion that “It is an offence not to provide the court with a statement of financial circumstances...”
d) Details of the statute which you believe entitles you to request such information from
e) Given that a statute is ‘A legislated rule of a society which is given the force of law by the consent of the governed,’ please provide me with evidence that I have consented to any such statute which would oblige me to provide my financial circumstances.
18. I would like to make totally clear that I, Nick, of the family Xxxxxxxxxx am a living, breathing, sentient human being. I am a man, and not a Person. The Person, Mr Nicholas XXXXXXXXX is a legal fiction created at birth, against my consent, via a birth certificate.
19. Considering all of the above points of FACT, I find the process of issuing such documents as you sent to Flat 4, 33 Powderham Crescent contumelious, sinister and deceitful.
Without Prejudice to the above, and reserving all my sovereign, human, civil, public, private and inalienable rights, I invite your explanation and justification for such behaviour against real human beings.
I mean neither offense nor tort to any real human beings operating under the sway of misinformation from the limited company mentioned in this document or the registered limited company who produce the Statutes and Acts. I intend only both to outline my understanding, and to educate, enlighten and ensure a healthy and wholesome environment for all.
I invite rebuttal, explanation, answer and/or clarification of the points raised in this Notice, since I wish to clarify and broaden my understanding and knowledge if it is indeed flawed.
That being said, this is both a Notice of Understanding and Intent and an Affidavit of Truth and as such, is a legal and lawful document. It should be handled in the proper manner and in protection of that: I accept no liability or contract whatsoever, and do not consent to tacit agreement to any statute nor statutory authority, nor any limited company claiming to have such authority.
You have 28 days from the date of this document to address this Affidavit and Notice in proper and honourable fashion. If you do not respond in this time then I shall conclude that you acquiesce to the points raised and have no claim nor complaint against ‘Mr Nicholas XXXXXXXXXX’ and that you have no desire to enter into contract in a lawful manner. I shall expect you to adjust your records accordingly if this is the case.
TAKE NOTICE: ANY PERSON OR HUMAN BEING WHO ENTERS ANY PLEA IN ‘Mr Nicholas XXXXXXXXX’s ABSENCE SHALL BE THE DEFENDANT(S) AND SHALL BE LIABLE AS THE DEFENDANT(S) FOR ANY AND ALL COSTS, PENALTIES, CHARGES AND SUCHLIKE .
I do hereby solemnly swear and affirm that the 4 pages of this Notice represent my Understanding, and the Truth as I see it.
Signed on this day, the 10th day of the 2th month in the Julian year 2010
________________________________________________________________
Nick of the family Xxxxxxxxxxx:


Enclosed: Completed N9 as a granted courtesy – Acknowledgement of Service signed to challenge jurisdiction with this document as the evidence

[jobo]

Thanks Busylizzy. Yeah, i slightly suspected that they probably would have arrested me and searched me if i refused to give them my name. When I asked the policeman what was likely to be my punishment, he said probably 3 points and a fine. You certain it'll just be a fine? I would imagine that you probably can get points on your licence for driving without MOT. It's that which concerns me more than the fine as it'll raise my insurance premium. That said, I'm not especially keen on the fine either! When asked how much the fine would be, he said no less than £100. I've tried to hunt down the actual acts which they're using against me to learn more about the possible consequences of pleading guilty, but i'm not having a lot of joy!
Can anyone offer any practical advice on what I should write in response to my summons? The court date is looming and i've not replied to their letter/notice yet. I need to write something back to them. I'm guessing a conditional acceptance letter of some variety is probably the way to go about it, from what I've read on various forums like this so far... I'm just not sure what questions I should put in it.
Cheers
Nick

you seem to have been badly led, by the good folk on here BL was right, its no points and IT WILL NOT, affect you insurance premium, yes about 60 to 100 quid in fines

now it would seem that you will have been tried in your absence, which will increase the fine by a 3rd and soon youl have them knocking over the unpaid fine, which is an arrestable offence

[NickMystery]

Ok, cheers Jobo. You may well be right. There's a good chance I might just be making matters worse for myself.
However, doesn't the fact that they have not provided me proof of claim of anything I mentioned in my letter, nor in fact any acknowledgement of my letter, strengthen my case?
The 'Notice of fine and collection order' I have since received doesn't at any point state clearly that I have been convicted of a crime in my absence.
I thought that according to the Bill of Rights 1689 Section 2 clause 12, they can't impose any fines on you without first convicting you in front of a jury of your peers. I'm guessing that they have found me guilty and convicted me in my absence. Are they not duty bound to make that clear to me though, before imposing fines and collection orders on me?
I've been told that I am supposed to pay a total of £135 by tomorrow. The break down is as follows:
Fine £60
Costs £60
Costs £15

I'm going to write another affidavit (this time, signed by 2 witnesses- I believe this is the right process..?) and serve them this tomorrow.
You're saying that they'll be knocking on my door about the unpaid fine and that I can be arrested for this. Surely if I serve them an affidavit of truth that they can't rebut, then I'm putting the ball in their court. If they can't prove that I am the Person, that I've entered into a contract with full disclosure etc etc etc, then they can't then legally or lawfully arrest me...

[indigonick]

just quick note on the question "can the police make the joinder they need by finding identification". the answer is no because they need ure full written and spoken notarised consent to what they want to do they need u to enter contract with ure consent, when u give you're consent you are fullfilling their contracts/statutes.

[JennyBN]

that retort to the court was fantastic, did you write all that or take it from a template? i'd have let you off if it was put in front of me lol

from what i've heard on these type of sites that was the most comprehensive thing/advice i've ever seen.

what worries me about the result u got, is that motoring court is generally a closed door thing and what you've done is outside there comfort / usual zone.
I'd be worried that ur paperwork never even got to the court room to support your case, so you were basically suffered the same as everyone else that didn't bother there arses to show up in court, which is disgusting if thats the case.
Another thing i find odd is if this person/human being thing could possibly work, why don't solicitors get into it? i know you say they all bought into the system, but there's millions of them, so you'd get more than one whistle blower that could bring actual knowledge to the table for the rest of us to use.

i'm currently being chased for all sorts tax, debt whatever and am willing to go to jail for them, but i'm will to give this lot a pop first. i stopped paying everything a while back when i just got sick of it all, i paid tax for 30yrs and been shafted blindly for it all, while watching the country being run into the ground, ignorant to what's happening in the big picture of things, then you see änti terrorist laws, being introduced and then seeing them being used on old aged pensioners for speaking out at a Labour "CONFERENCE" please someone tell me what conference means? i thought it meant so ppl could confer, not get dictated to.
i suffer from short term memory loss, so there's no chance of me remembering what to say, come the time i need to say anything, but all the video clips i've seen on here really do hit a nerve and actually pinpoint that the system is broken and b4 things get better, ppl like us will suffer and go to jail b4 things can possibly get better, what i don't understand is if enough ppl say "NO", where the fuck are they gonna put us all?