High Cost/Bulk Council Tax Liability Orders Impossible to Defend?

The request was partially successful.

Dear Billing Authority

Complaints to Magistrates for Council Tax (CT) Liability Orders.

Going as far back as is reasonable (eg 5 years), up to the most recent data available, Please could you provide me with a table of information under the following headings:-

1. Date Of hearing
2. Number of CT Accounts Listed on a Complaint
3. Total Court fee paid
4. length of hearing - defended/undefended
5. Number of CT accounts Liability Order made against
6. Total costs awarded to Billing authority
7. Actual cost of preparing for and attending the hearing.
8. Number of Accounts in name of a Limited Company?

Yours faithfully,

Lady Fleming

FOI Team, Peterborough City Council

Dear Lady Fleming 
This is a courtesy email to let you know your Public Information
Request has been received on : 05/02/2019. 
Your unique reference number is "CRN1902639940 ". Please keep this
number safe, as you may be required to provide it in the future. 
Regards,
Customer Service Team

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"FOI Team" <foi@peterborough.gov.uk>, Peterborough City Council

2 Attachments

FREEDOM OF INFORMATION REQUEST – CRN1902639940     

 

Dear Sir / Madam,

 

Your request for information, with reference number CRN1902639940 has
now been considered and the information requested is given below.

Information Request: 

Complaints to Magistrates for Council Tax (CT) Liability Orders.

Going as far back as is reasonable (eg 5 years), up to the most
recent data available, Please could you provide me with a table of
information under the following headings:-

1.  Date Of hearing
2. Number of CT Accounts Listed on a Complaint
3. Total Court fee paid
4. length of hearing - defended/undefended
5. Number of CT accounts Liability Order made against
6. Total costs awarded to Billing authority
7. Actual cost of preparing for and attending the hearing.
8. Number of Accounts in name of a Limited Company? 

        

Our Response:

1.  Date Of hearing
Please see attached spreadsheet
2. Number of CT Accounts Listed on a Complaint
Please see attached spreadsheet 
3. Total Court fee paid
Please see attached spreadsheet 
4. length of hearing - defended/undefended
This data cannot be provided as it is not recorded or stored by
Peterborough City Council
 
5. Number of CT accounts Liability Order made against
Please see attached spreadsheet  
6. Total costs awarded to Billing authority
Please see attached spreadsheet  
7. Actual cost of preparing for and attending the hearing.
The total cost per hearing has not been calculated, but please refer
to attached breakdown of the Council's costs which is reflective of
the costs incurred by the Council in recovering outstanding Council
Tax.  The Council's costs have reduced to £65.50 from August 2018
following the reduction in the Court fee. 
8. Number of Accounts in name of a Limited Company 
This cannot be provided as the data is not held in such a way that
can be easily extracted from our database.  Each Complaint and Court
list would need to be manually checked which given the volumes of
cases would exceed the appropriate limit, which has been specified in
regulations and for local Government is set at £450. This represents
the estimated cost of one person working more than 18 hours in
determining whether the authority holds the information, and
locating, retrieving and extracting the information. Under section 12
of the Freedom of Information Act the Authority is not obliged to
comply with your request and we will not be processing your request
further.
 
In accordance with the Freedom of Information Act 2000 this email
message acts as a Refusal Notice where exemptions have been applied.
 

 

       

Re-use of information

You may re-use any documents supplied for your own use, including for
non-commercial research purposes. The documents may also be used for
news reporting. However, any other type of re-use, for example by
publishing the documents or issuing copies to the public will require
the permission of the copyright owner, where copyright exists.  Such
a request would be considered separately in accordance with the
relevant Re-use of Public Sector Information Regulations 2015 and is
not automatic.  Therefore no permission is implied in the re-use of
these documents, until such a request for re-use has been made and
agreed, subject to any appropriate conditions. 

 

You may re-use any dataset included in this response (excluding
logos) free of charge, in any format or medium, under the terms of
the Open Government Licence v2.0. To view this licence, visit
the [1]National Archives website or
email [2][email address].  Where we have identified
any third-party copyright information, you will need to obtain
permission from the copyright holders concerned.  Users reproducing
Peterborough City Council content without adaptation should include a
source accreditation to Peterborough City Council: Source:
Peterborough City Council licensed under the Open Government Licence
v.2.0.  Users reproducing content which is adapted should include a
source accreditation to Peterborough City Council: Adapted from data
from Peterborough City Council licensed under the Open Government
Licence v.2.0.

 

If you have any queries or concerns then please do not hesitate to
contact me.

 

If you are dissatisfied with the handling of your request please
contact the Information Specialist, Peterborough City Council, Town
Hall, Bridge Street, Peterborough, PE1 1HG; Telephone: 01733 452533,
e-mail: [3][Peterborough City Council request email]

 

You can also complain to the Information Commissioner at:

            The Information Commissioner's Office

            Wycliffe House, Water lane

            Wilmslow, Cheshire

            SK9 5AF

            Tel: 01625 545700

[4]http://www.ico.org.uk/

 

Yours faithfully

 

Tracey Wright

Information Specialist

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

 

foi[5]@peterborough.gov.uk

Telephone 01733 452533

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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Conditions apply to the confidentiality, copyright, legal liability and
use of this email.
For full information relating to the transmission and use of this email
please visit:
[6]www.peterborough.gov.uk/emaildisclaimer
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Freedom of Information Mailbox, Peterborough City Council

FREEDOM OF INFORMATION REQUEST FOI 1902639940 Supplementary question

 

Dear Lady Fleming,

 

I am writing in response to your recent email whereby you submitted a
supplementary question.  

 

Your request for information has now been considered and the response is
shown below:

 

Original Request and Response

 

[1]https://pcc.secure.force.com/SitePublish...

 

 

Supplementary Request

 

Thank you for your reply.

 

In respect of the Council's costs of £65.50, upon carefully reviewing the
information provided, the values specified are not at all consistent with
the pay rates as agreed by the National Joint Council. I therefore cannot
see that this information is correct.

 

I trust that there is sufficient annual accounts over the last 5 years to
substantiate the costs claimed by the Council at the Magistrates Court and
request a copy of this evidence to prove that the respective costs applied
for by the Council at court are indeed credible. I have also written to
HMCTS to enquire about the same.

 

 Supplementary Request

 

 In accordance with the Freedom of Information Act 2000 this email message
acts as a Refusal Notice.

 

The exemption applied is Section 22 of the Act which states that a public
authority is not obliged to provide information which intended for
publication at a future date.  This exemption applies because the
information requested will be published by the authority on or shortly
after the 18^th June 2019.

 

Please use the following link to find this publication at that time:-

 

[2]https://www.peterborough.gov.uk/council/...

 

 

 

___________________________________________________________________    

 

Re-use of information

You may re-use any documents supplied for your own use, including for
non-commercial research purposes. The documents may also be used for news
reporting. However, any other type of re-use, for example by publishing
the documents or issuing copies to the public will require the permission
of the copyright owner, where copyright exists.  Such a request would be
considered separately in accordance with the relevant Re-use of Public
Sector Information Regulations 2015 and is not automatic.  Therefore no
permission is implied in the re-use of these documents, until such a
request for re-use has been made and agreed, subject to any appropriate
conditions. 

 

You may re-use any dataset included in this response (excluding logos)
free of charge, in any format or medium, under the terms of the Open
Government Licence v2.0. To view this licence, visit the [3]National
Archives website or email [4][email address].  Where we
have identified any third-party copyright information, you will need to
obtain permission from the copyright holders concerned.  Users reproducing
Peterborough City Council content without adaptation should include a
source accreditation to Peterborough City Council: Source: Peterborough
City Council licensed under the Open Government Licence v.2.0. Users
reproducing content which is adapted should include a source accreditation
to Peterborough City Council: Adapted from data from Peterborough City
Council licensed under the Open Government Licence v.2.0.

 

If you have any queries or concerns then please do not hesitate to contact
me.

 

If you are dissatisfied with the handling of your request please contact
the Information Specialist, Peterborough City Council, Sand Martin House,
Bittern Way, Fletton Quays, Peterborough, PE2 8TY; Telephone: 01733
452533, e-mail: [5][Peterborough City Council request email]

 

You can also complain to the Information Commissioner at:

 

            The Information Commissioner's Office

            Wycliffe House, Water lane

            Wilmslow, Cheshire

            SK9 5AF

 

            Tel: 01625 545700

[6]http://www.ico.org.uk/

 

 

 

Yours sincerely  

 

FOI TEAM
Information Governance
Peterborough City Council
Sand Martin House
Bittern Way
Fletton Quays
Peterborough
PE2 8TY
Contact details:
Kevin Taylor, Access to Information Officer - 01733 452576
Sadaf Abdullah, Access to Records Officer - 01733 864668
Tracey Wright, Information Manager - 01733 452533
Ben Stevenson, Data Protection Officer on 01733 452387 (non-working day
Wed)
Emma Doran, 
Business Support Officer - 01733 453571
Email: [7]f[8][email address
To find out more about Peterborough City Council please go to
[9]www.peterborough.gov.uk. 
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