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As per the Representation of the People Regs, you are supposed to return the annual forms back to the council, else, face prosecution and a Level 3 fine.

 

As far as I can tell most of the people who end up in court are of the "activist" category or otherwise draw attention to themselves.

 

However, if I presumably just ignore the letters, there's not much they can really do, is there?

 

I would also assume that S7 Interpretation Act 1978 would allow a defence of "I put it in the envelope and posted it"???

 

Has anyone had any dealings with these sort of issues before?

 

My (main) concern is last time I completed one of these, I specifically opted out of the marketing register, yet the council ignored that!

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All I can say is it's so long since I sent one of these things back to the council that I forget how many years. I object to parasite companies like Experian who spy on residents with obtained data either given or sold to them by local authorities.

 

I have only ever had threats of fines which I've just ignored. Come to think of it, they have never taken any further action against me for ripping the census form into shreds and sending it back in the return envelope. I can't say if this happens in all cases though obviously.

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I think, ignoring the letters should get you away with it, in the past I have done exactly that for the same reason, that despite ticking the opt out box in the prior, my name had still gone into marketing. I am sure it is all "accidental" and not because more money can be made for a fuller register!

 

To prosecute you they would have to prove wilful evasion, and apart from the activists, that is near impossible to prove.

 

The letters are not sent out registered/recorded, so it would be impossible to prove you had one - the key is, if you are approached, either by telephone, or by someone at the door, then really, the game is up, you cannot claim "I did not know" and continued refusal will probably see you fined. Though, iirc, from the Census videos around, I think a lot of Census activists refuse to identify themselves if someone does come to the door, so I suppose it depends how far you want to fight, and whether its worth enough for you to risk a fine.

 

I personally think the entire thing needs to be completely revamped. The marketing aspect needs to be completely removed, and the form itself given the legal status of say, our council tax file, ie nobody outside of the Council can set eye on it.

 

I think it is absolutely disgusting, that no matter what opt out you take, Political Parties are given full electronic access to the database!!! Yes, the likes of the BNP or any unpleasant political group you care to name have access to your address and details!!!

 

I worked running the IT and doing all the design/typesetting work in a business that rented rooms from the Lib Dems in a Liberal Democrat local HQ/party/constituency office. They once had major problems with their PC blowing, and so the Boss agreed to let them have access to a couple for a few weeks. When I got my PC's back they were all fully loaded with the complete electoral databases, and all manner of other confidential stuff. Given such lax security, I have no wish for parties to have my data.

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...I would also assume that S7 Interpretation Act 1978 would allow a defence of "I put it in the envelope and posted it"???....

 

This is the kind of reply the council would give to a resident who never received a council tax summons, and therefore had no idea he/she was being pursued by bailiffs. The consequence being that the householder would have no defence as the council had sent it.

 

So I should say "What's good for the goose is good for the gander."

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This is the kind of reply the council would give to a resident who never received a council tax summons, and therefore had no idea he/she was being pursued by bailiffs. The consequence being that the householder would have no defence as the council had sent it.

 

So I should say "What's good for the goose is good for the gander."

 

As is a denial of receiving it in the first place!

 

It's like the OP mentioned, the only people who get fined are the activists/freemen who make a big rigmarole of it. Same as C Tax imprisonment, its only the self claimed folk heroes who generally get a custodial for "taking a stand"

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