Council Tax Liability Orders (prescribed forms omitted since 2003)
Dear Aylesbury Vale District Council,
Council Tax Liability Orders (prescribed forms omitted since 2003)
Please provide under the FOIA a copy of what the council are using to enforce non-payment of council tax in place of the prescribed court sealed magistrates court liability order.
The Council Tax (Adminstration and Enforcement) (Amendment) (No. 2) (England) Regulations 2003.
Yours faithfully,
mary glister
Dear Ms Glister
Thank you for your information request received in the office hours of 19 December 2016.
We confirm receipt of your request for information and will handle it under the Freedom of Information Act 2000.
You can expect to receive a response by 19 January 2017.
Kind regards
Francisca Harpur
Information & Administrative Officer
Business Strategy & Governance
Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
Bucks
HP19 8FF
Tel: 01296 585771
Dear Ms Glister
Please find attached the response to your Freedom of Information request.
Kind regards
Francisca Harpur
Information & Administrative Officer
Business Strategy & Governance
Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
Bucks
HP19 8FF
01296 585771
Dear Records,
Thank you for providing a Notice of a Liability Order but I require a copy of the actual Liability Order granted by the Magistrates Court. Can you please also confirm does the Magistrates Court seal the Liability Order with a court seal.
Yours sincerely,
mary glister
Dear Ms Glister
Thank you for your email which I have forwarded to the department who provided the original response.
We shall send you a reply as soon as possible and no later than 17 March 2017.
Kind regards
Francisca Harpur
Information & Administrative Officer
Business Strategy & Governance
Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
Bucks
HP19 8FF
01296 585771
Dear Ms Glister
Please see below the response from our Recovery & Rates team:
"The application for liability orders is made in bulk and the Justices sign one document with all the individual cases listed. Individual liability orders are not produced and as far as I am aware the matter is not sealed by the court. "
Kind regards
Francisca Harpur
Information & Administrative Officer
Business Strategy & Governance
Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
Bucks
HP19 8FF
01296 585771
Dear Records,
Thank you for your reply. for clarity are so saying you do not hold a copy of this one singular Liability Order that contains multiple individual names or are you saying the court retains the Liability Order.
Are you also saying that this singular Liabilty Order from the Magistrates Court is not sealed by the court staff with the Magistrates court seal. If this is the case, can you please point me to the section within the law that states a court order is not required to be sealed by the court, because as far as I am aware a court order is not valid without a court seal and this is a requirement of a court of record upon issue of the court order.
Yours sincerely,
mary glister
Dear Ms Glister
Thank you for your email received today, 23 February 2017.
I have sent your comments to our Recovery & Rates section team for them to clarify the matter.
You can expect to receive a response as soon as possible and no later than 23 March 2017.
Kind regards
Francisca Harpur
Information & Administrative Officer
Business Strategy & Governance
Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
Bucks
HP19 8FF
01296 585771
Dear Ms Glister
With regard to your email below, this is to confirm that AVDC fully complies with the provisions of the Council Tax (Administration and Enforcement) Regulations 1992.
That is the process and we are not in a position to comment any further other than to say that all liability orders are signed by the Magistrates' Court.
Kind regards
Francisca Harpur
Information & Administrative Officer
Business Strategy & Governance
Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
Bucks
HP19 8FF
01296 585771
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now