Camden Council's approach to applying Council Tax summons costs

The request was partially successful.

Dear Camden Borough Council,

In reference to Freedom of Information request ref: FOI10995 (summons for non-payment of council tax) the document disclosed states that:

".... you have not paid in accordance with your Council Tax bill" https://www.whatdotheyknow.com/request/4...

The document indicates that £80.00 Summons Costs are included in the "Total Amount Owed"

The High Court has ruled that the sum which is included as standard on Council Tax summonses in respect of costs is merely additional information to what is statutorily required on a summons under rule 98(2) of the Magistrates Court Rules. The amount stated is to inform the recipient of the amount of costs which will be claimed by the council if it proceeds to make the application at court for a liability order. The sum is not incurred until (and if) the court grants the costs which may be a different amount to that which is included on the summons. https://www.scribd.com/document/37563681...

Q1. Why does it say in the summons document that the £80.00 summons costs are included in the Total Amount Owed when they are not incurred until (and if) the court grants the costs

Q2. Have the summons costs actually been applied to the customer's account at this stage

Yours faithfully,

Seb Tarantino

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Heneghan, Kieran, Camden Borough Council

Dear Mr Tarantino.

 

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London Borough of Camden

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From: Seb Tarantino [mailto:[FOI #485408 email]]
Sent: 16 May 2018 16:18
To: FOI Requests <[email address]>
Subject: Freedom of Information request - Camden Council's approach to
applying Council Tax summons costs

 

Dear Camden Borough Council,

In reference to Freedom of Information request ref: FOI10995 (summons for
non-payment of council tax) the document disclosed states that:

".... you have not paid in accordance with your Council Tax bill"
[4]https://www.whatdotheyknow.com/request/4...
tax summons.pdf

The document indicates that £80.00 Summons Costs are included in the
"Total Amount Owed"

The High Court has ruled that the sum which is included as standard on
Council Tax summonses in respect of costs is merely additional information
to what is statutorily required on a summons under rule 98(2) of the
Magistrates Court Rules. The amount stated is to inform the recipient of
the amount of costs which will be claimed by the council if it proceeds to
make the application at court for a liability order. The sum is not
incurred until (and if) the court grants the costs which may be a
different amount to that which is included on the summons.
[5]https://www.scribd.com/document/37563681...

Q1. Why does it say in the summons document that the £80.00 summons costs
are included in the Total Amount Owed when they are not incurred until
(and if) the court grants the costs

Q2. Have the summons costs actually been applied to the customer's account
at this stage

Yours faithfully,

Seb Tarantino

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