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Council tax payment allocation in accordance with R. v Miskin Lower Justices [1953]

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Dear Bradford City Council,

The Council makes the statement quoted below from the link:
https://www.whatdotheyknow.com/request/e...

"There are 26 payment rules which apply to an incoming payment. These rules are designed to allocate the payment received to the correct financial year within an account. If the payment fails to match one of these rules it will be applied to the oldest years summons debt within that account."

The council's statement above does not agree with the judgment in the case of R. v Miskin Lower Justices (see below link to the judgment):

http://s000.tinyupload.com/index.php?fil...

The judgment clarifies the position in cases where a creditor has to make a decision as to which account payment should be allocated when a debtor has one account more burdensome for him than another and his payment is unspecified

Clearly the council's statement, if it were to agree with the judgment, would be.....

[[ Where the debtor does not make any reference as to where the payment should be allocated then the creditor must allocate the payment to the account which it is most beneficial to the debtor to reduce. ]]

Q. Where did the council obtain the information regarding the appropriation of payments case law which conflicts with the judgment in R. v Miskin Lower Justices [1953]?

Yours faithfully,

S Staffordson

Freedom of Information, Bradford City Council

Thank you for contacting Bradford Metropolitan District Council
Information Governance Team.  We confirm that we have received your
correspondence.

 

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days). 

 

If we require further information from you before we process your request,
we will contact you directly to ask for this. 

 

Bradford Metropolitan District Council is registered with the Information
Commissioners Office (ICO) under the provisions of the Data Protection Act
2018.  If you would like further information please click on the following
link: [1]Privacy notice | Bradford Council

 

 

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

 

References

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1. https://www.bradford.gov.uk/privacy-noti...

Council Tax, Bradford City Council

Dear Mr Staffordson
 
 
Freedom of Information Act 2000
Reference no: FOI-SEP75
 
I refer to your request dated  17 September 2019 asking to supply the
following information:
 
Dear Bradford City Council,
 
The Council makes the statement quoted below from the link:
[1]https://www.whatdotheyknow.com/request/e...
 
"There are 26 payment rules which apply to an incoming payment. These
rules are designed to allocate the payment received to the correct
financial year within an account. If the payment fails to match one of
these rules it will be applied to the oldest years summons  debt within
that account."
 
The council's statement above does not agree with the judgment in the case
of R. v Miskin Lower Justices (see below link to the judgment):
 
[2]http://s000.tinyupload.com/index.php?fil...
 
The judgment clarifies the position in cases where a creditor has to make
a decision as to which account payment should be allocated when a debtor
has one account more burdensome for him than another and his payment is
unspecified
 
Clearly the council's statement, if it were to agree with the judgment,
would be.....
 
[[ Where the debtor does not make any reference as to where the payment
should be allocated then the creditor must allocate the payment to the
account which it is most beneficial to the debtor to reduce. ]]
 
Q. Where did the council obtain the information regarding the
appropriation of payments case law which conflicts with the judgment in R.
v Miskin Lower Justices [1953]?
 
We have now completed the search of our files and systems for data
relating to you, which is based on the information supplied by you. The
attached information has been found.
 
We use posting rules provided by our software supplier which we believe
are effective in ensuring that the charges are collected in the most
appropriate way. In most cases cash posting's are likely to be what the
customer has intended based on the payment value.
 
If you are not satisfied with this response  you can ask for a review by
contacting [Bradford City Council request email] or by writing Information Governance
Team,1st Floor, Britannia House,Hall Ings, Bradford, West Yorkshire, BD1
1HX. Tele:01274 434506
 
If you are still not satisfied with the outcome you have the right of
appeal to the Information Commissioner who can be contacted at:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545700      
URL: [3]http://www.informationcommissioner.gov.uk
 
Yours sincerely
 
Robbie Parker
Council Tax Manager
Revenues and Benefits Service
 
Bradford Council is registered with the Information Commissioners Office
(ICO) under the provisions of the Data Protection Act 2018. The Council
takes its responsibilities under the Act very seriously. To find out more
on how we handle your information, please go to
[4]https://www.bradford.gov.uk/open-date/da...
 
This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.
 
For Freedom of Information request, please visit our website
[5]http://www.bradford.gov.uk/foi before you submit a request as you may
find the information and data that you want in the data that we already
publish in our Publication Scheme.  The Scheme has a significant amount of
information which is available to you, without the need for a specific
request, and describes how we work and how to obtain information published
by our various departments.

References

Visible links
1. https://www.whatdotheyknow.com/request/e...
2. http://s000.tinyupload.com/index.php?fil...
3. http://www.informationcommissioner.gov.uk/
4. https://www.bradford.gov.uk/open-date/da...
5. http://www.bradford.gov.uk/foi

Dear Council Tax,

I will put my request another way.

Where did the council obtain the advice/authority that enabled it to determine that it would be appropriate for the council to allocate payment which did not match a current instalment to the oldest debt outstanding. For example, a lawyer, the council's monitoring officer, the Institute of Revenues Rating and Valuation (IRRV) 10 October 2002 Insight magazine http://s000.tinyupload.com/index.php?fil...

Or here?
https://www.whatdotheyknow.com/request/4...

Yours sincerely,

S Staffordson

Do Not Reply - Council Tax, Bradford City Council

 
 
 
Account Reference       : FOI-SEP75

 
This email address is not monitored, DO NOT reply to this email
[1]Contact us online or telephone us on 01274 437792
 
Dear Mr Staffordson
 
In response to your follow up question regarding FOI-SEP75:
 
Dear Council Tax,
 
I will put my request another way.
 
Where did the council obtain the advice/authority that enabled it to
determine that it would be appropriate for the council to allocate payment
which did not match a current instalment to the oldest debt outstanding.
For example, a lawyer, the council's monitoring officer, the Institute of
Revenues Rating and Valuation (IRRV) 10 October 2002 Insight magazine
[2]http://s000.tinyupload.com/index.php?fil...
 
Or here?
[3]https://www.whatdotheyknow.com/request/4...
 
Yours sincerely,
 
S Staffordson
 
My response is:
 
We did not seek advice / authority. We ask that all payments made match
what is asked for on a bill or on a payment arrangement. If a party is
concerned about how you have allocated a payment, they can contact the
Council. If costs have been added unreasonably then we would look at the
case.   
 
There has been case law that considered both express and implied
interpretations. If a payment is received without any express or implied
interpretation, the billing authority can allocate as it sees fit.
 
 
Robbie Parker
Council Tax Manager
 

Make a Payment

Direct Debit Payment

 
 

 
This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.
 
 
To learn more about how we use your information, go to
[4]www.bradford.gov.uk/privacy-notice

References

Visible links
1. http://online.bradford.gov.uk/ufs/ufsmai...
2. http://s000.tinyupload.com/index.php?fil...
3. https://www.whatdotheyknow.com/request/4...
4. http://www.bradford.gov.uk/privacy-notice

Dear Bradford City Council,

The information provided by the council was not what was asked for. I clarified my request on 13 October 2019. Have you a response yet please?

Yours faithfully,

S Staffordson

Freedom of Information, Bradford City Council

Thank you for contacting Bradford Metropolitan District Council
Information Governance Team.  We confirm that we have received your
correspondence.

 

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days). 

 

If we require further information from you before we process your request,
we will contact you directly to ask for this. 

 

Bradford Metropolitan District Council is registered with the Information
Commissioners Office (ICO) under the provisions of the Data Protection Act
2018.  If you would like further information please click on the following
link: [1]Privacy notice | Bradford Council

 

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

Sue Sheeky, Bradford City Council

Has advised please find attached copy of our response.

 

Dear Mr Staffordson

 

 

Freedom of Information Act 2000

Reference no: FOI-SEP75

 

I refer to your request dated  17 September 2019 asking to supply the
following information:

 

Dear Bradford City Council,

 

The Council makes the statement quoted below from the link:

[1]https://www.whatdotheyknow.com/request/e...

 

"There are 26 payment rules which apply to an incoming payment. These
rules are designed to allocate the payment received to the correct
financial year within an account. If the payment fails to match one of
these rules it will be applied to the oldest years summons  debt within
that account."

 

The council's statement above does not agree with the judgment in the case
of R. v Miskin Lower Justices (see below link to the judgment):

 

[2]http://s000.tinyupload.com/index.php?fil...

 

The judgment clarifies the position in cases where a creditor has to make
a decision as to which account payment should be allocated when a debtor
has one account more burdensome for him than another and his payment is
unspecified

 

Clearly the council's statement, if it were to agree with the judgment,
would be.....

 

[[ Where the debtor does not make any reference as to where the payment
should be allocated then the creditor must allocate the payment to the
account which it is most beneficial to the debtor to reduce. ]]

 

Q. Where did the council obtain the information regarding the
appropriation of payments case law which conflicts with the judgment in R.
v Miskin Lower Justices [1953]?

 

We have now completed the search of our files and systems for data
relating to you, which is based on the information supplied by you. The
attached information has been found.

 

We use posting rules provided by our software supplier which we believe
are effective in ensuring that the charges are collected in the most
appropriate way. In most cases cash posting's are likely to be what the
customer has intended based on the payment value.

 

If you are not satisfied with this response  you can ask for a review by
contacting [Bradford City Council request email] or by writing Information Governance
Team,1st Floor, Britannia House,Hall Ings, Bradford, West Yorkshire, BD1
1HX. Tele:01274 434506

 

If you are still not satisfied with the outcome you have the right of
appeal to the Information Commissioner who can be contacted at:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

Tel: 01625 545700  

URL: http://www.informationcommissioner.gov.uk

 

Yours sincerely

 

Robbie Parker

Council Tax Manager

Revenues and Benefits Service

 

Bradford Council is registered with the Information Commissioners Office
(ICO) under the provisions of the Data Protection Act 2018. The Council
takes its responsibilities under the Act very seriously. To find out more
on how we handle your information, please go to
https://www.bradford.gov.uk/open-date/da...

 

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

For Freedom of Information request, please visit our website
http://www.bradford.gov.uk/foi before you submit a request as you may find
the information and data that you want in the data that we already publish
in our Publication Scheme.  The Scheme has a significant amount of
information which is available to you, without the need for a specific
request, and describes how we work and how to obtain information published
by our various departments.NFORMATION rE

 

Sue Sheeky

Service Support Specialist

Service Support

Revenues and Benefits

01274 434027

Britannia House,Hall Ings, Bradford, BD1 1HX

City of Bradford Metropolitan Council

Department of Corporate Services

email: [3][email address]

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

References

Visible links
1. https://www.whatdotheyknow.com/request/e...
2. http://s000.tinyupload.com/index.php?fil...
3. mailto:[email address]

Dear Bradford City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Council tax payment allocation in accordance with R. v Miskin Lower Justices [1953]'.

When a decision is made with potentially legal implications the council is required to consult the Monitoring Officer and such procedures should be formally recorded. A decision that requires setting the parameters of a council tax payment processing system to automatically allocate non-specific payments to the oldest account rather than to the in-year account is one such decision.

If the proper legal process was followed when the decision was made then there will be a record of it comprising a background outlining the relevant legal requirements and risk assessment highlighting the degree to which the council would be exposed to legal challenge if not complied with. The following is an example of the kind of assessment that should have been documented.

https://democracy.npt.gov.uk/documents/s...

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

S Staffordson

Council Tax, Bradford City Council

Dear Mr Staffordson
 
Freedom of Information Act 2000
Reference no: FOI-SEP75 Review
 
I refer to your request dated 2 January 2020 asking for a review of a FOI
response we previously supplied
 
We have now completed the search of our files and systems for data
relating to you, which is based on the information supplied by you. The
attached information has been found.
 
You want to request an internal review of Bradford City Council's handling
of your FOI request 'Council tax payment allocation in accordance with R.
v Miskin Lower Justices [1953]'.

You say that when a decision is made with potentially legal implications
the council is required to consult the Monitoring Officer and such
procedures should be formally recorded. A decision that requires setting
the parameters of a council tax payment processing system to automatically
allocate non-specific payments to the oldest account rather than to the
in-year account is one such decision.

If the proper legal process was followed when the decision was made then
there will be a record of it comprising a background outlining the
relevant legal requirements and risk assessment highlighting the degree to
which the council would be exposed to legal challenge if not complied
with. The following is an example of the kind of assessment that should
have been documented.
[1]https://democracy.npt.gov.uk/documents/s...
I have reviewed your Freedom of Information request and cannot find any
further information that may assist you.
Posting rule parameters are part of the systems provided by our software
supplier and we believe they are effective in ensuring that payments are
allocated to whatever part of the charge the customer has intended based
on the amount of the payment made. Our posting rules are in accordance
with what we believe is best practice and in line with other Local
Authorities. There is no legislation relating to payment posting rules.
 
If you are still not satisfied with the outcome you have the right of
appeal to the Information Commissioner who can be contacted at:
 
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Tel: 01625 545700      
URL: [2]http://www.informationcommissioner.gov.uk
 
Yours sincerely
 
Mrs Jane O'Connor
Head of Council Tax
 
Bradford Council is registered with the Information Commissioners Office
(ICO) under the provisions of the Data Protection Act 2018. The Council
takes its responsibilities under the Act very seriously. To find out more
on how we handle your information, please go to
[3]https://www.bradford.gov.uk/open-date/da...
 
This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.
 
For Freedom of Information request, please visit our website
[4]http://www.bradford.gov.uk/foi before you submit a request as you may
find the information and data that you want in the data that we already
publish in our Publication Scheme.  The Scheme has a significant amount of
information which is available to you, without the need for a specific
request, and describes how we work and how to obtain information published
by our various departments.

References

Visible links
1. https://democracy.npt.gov.uk/documents/s...
2. http://www.informationcommissioner.gov.uk/
3. https://www.bradford.gov.uk/open-date/da...
4. http://www.bradford.gov.uk/foi

We don't know whether the most recent response to this request contains information or not – if you are S Staffordson please sign in and let everyone know.