Council tax summons

The request was successful.

Dear Amber Valley Borough Council

I would like to know the following information please

With the official court summons you send for council tax you send another document headed "council tax liability courts" and it states under the heading "costs"
"the costs included in the summons cover the costs already incurred by us. If you wish to appear before the magistrates, we may ask for additional costs which you will have to pay."

On attending the magistrates court Amber Valley Council staff stop you before entering the court and again state "if you go before the magistrate you will have to pay extra money"

So my questions are this
1) how do you decide if you are going to charge someone "additional costs" for going before the magistrate
2) when do you decide if "additional costs" will be added before the court date on the summons, before the court hearing or after the court hearing
3) what per cent of people who appear before the magistrate charged "additional costs"
4) how much are the "additional costs" charged for appearing before the magistrate

Yours faithfully,
A Brookes

Jones, Joan, Amber Valley Borough Council

1 Attachment

Dear A Brookes

 

Please see attached.

 

Regards

Joan Jones | Civic Links & FOI Officer 

Amber Valley Borough Council
Financial Services Directorate | Town Hall, Market Place, Ripley,
Derbyshire, DE5 3BT
Email: [1][email address] | Telephone: 01773 841601 |
[2]www.ambervalley.gov.uk

Making a Difference for Amber Valley

 

 

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Jones, Joan, Amber Valley Borough Council

2 Attachments

Dear April

 

Please see attached response to our request.

 

Regards

Joan Jones | Civic Links & FOI Officer 

Amber Valley Borough Council
Financial Services Directorate | Town Hall, Market Place, Ripley,
Derbyshire, DE5 3BT
Email: [1][email address] | Telephone: 01773 841601 |
[2]www.ambervalley.gov.uk

Making a Difference for Amber Valley

 

 

This email is private. If you are not the intended recipient, please
notify the sender by return, destroying the email without disclosing or
relying upon it. We may by law have to disclose this email. We monitor
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References

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2. http://www.ambervalley.gov.uk/

Dear Jones, Joan,

Thank you for your response

Could you please clarify that the person who had 11 liability orders issued for non payment of council tax attended the Magistrates Court on all 11 occasions a summons was issued and contested the council tax bill before the court

Yours sincerely,

april brookes

Jones, Joan, Amber Valley Borough Council

Dear April

Our Revenues Collection Manager informs me that the clarification is the opposite of what you have surmised. Apparently, 11 summonses were issued over the years, but the person only attended the court hearing once in response to all the summonses, ie this year.

I trust this helps.

Regards

Joan Jones | Civic Links & FOI Officer

Amber Valley Borough Council
Financial Services Directorate | Town Hall, Market Place, Ripley, Derbyshire, DE5 3BT
Email: [email address] | Telephone: 01773 841601 |
www.ambervalley.gov.uk
Making a Difference for Amber Valley

show quoted sections

Jones, Joan, Amber Valley Borough Council

Jones, Joan would like to recall the message, "[OFFICIAL] Freedom of Information Act 2000 - Request for Information 68218".
This email is private. If you are not the intended recipient, please notify the sender by return, destroying the email without disclosing or relying upon it. We may by law have to disclose this email. We monitor both sent and received emails. The attachments are opened at your own risk.

Jones, Joan, Amber Valley Borough Council

Dear April

Our Revenues Collection Manager informs me that the clarification is the opposite of what you have surmised. Apparently, 11 summonses were issued over the years, but the person only attended the court hearing once in response to all the summonses, ie they attended this year only, as they had never attended court in response to any previous summons issued.

I trust this helps.

Regards

Joan Jones | Civic Links & FOI Officer

Amber Valley Borough Council
Financial Services Directorate | Town Hall, Market Place, Ripley, Derbyshire, DE5 3BT
Email: [email address] | Telephone: 01773 841601 |
www.ambervalley.gov.uk
Making a Difference for Amber Valley

show quoted sections

Sissy Boddington (Account suspended) left an annotation ()

Interesting response, especially the quote below:

"Court stated was not a valid defence against liability order and the taxpayer was ordered to pay additional costs due to his continued stance and failure to accept regulations that had been explained to them multiple times prior to the hearing."

See R v Highgate Justices Ex Parte Petrou QBD 1954

https://www.scribd.com/document/39673825...

The case judgment to the above proceedings suggests that the court had exceeded its jurisdiction and acted improperly by ordering the taxpayer to pay additional costs, as a penalty (for failing to accept regulations).

Dear Jones, Joan,
So Amber Valley Council keep records of people who have gone before the magistrates when summoned to court for council tax

Example
I am summoned to the magistrates court in 2015 for non payment of council tax and I go before the magistrate to contest the summons
And then again I am summoned before the magistrates in 2017 and again contest the summons
Amber Valley Council would have a record of myself attending the magistrates court and having gone before the magistrates on both occasions regardless of the outcome

Yours sincerely,

april brookes

Jones, Joan, Amber Valley Borough Council

Dear April

The response to your query from our Revenues Collection Manager is " Yes, all summonses are logged via the system electronically by date of issue and date of hearing . Individual notes are logged on each individual account as and when contact regards a summons "or " attendance is made."

Joan Jones | Civic Links & FOI Officer

Amber Valley Borough Council
Financial Services Directorate | Town Hall, Market Place, Ripley, Derbyshire, DE5 3BT
Email: [email address] | Telephone: 01773 841601 |
www.ambervalley.gov.uk
Making a Difference for Amber Valley

show quoted sections

Wisdom left an annotation ()

Thank you for making this request. It is very interesting to see how no one is able to challenge the making of a Liability Order despite the extraordinary powers of enforcement they give the Local Authority. This implies that the Magistrates assume that the process up to their rubber stamping a list of Liability Orders to be made is beyond challenge despite whatever evidence a defendant might present that they are not liable.