Westminster City Council's difference of opinion on Council Tax summons costs

Response to this request is long overdue. By law, under all circumstances, Westminster City Council should have responded by now (details). You can complain by requesting an internal review.

Seb Tarantino (Account suspended)

Dear Westminster City Council,

In reference to Freedom of Information request ref: 7487833 (summons for non-payment of council tax) the document disclosed states that:

".... you, being the person liable to pay council tax set out abouve, have not paid that amount or any part of it" https://www.whatdotheyknow.com/request/4...

The document indicates that Summons costs (presumably £105.00) are included in the Total Amount Due

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 summons costs (£105.00?) are included in the Amount Due 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

Seb Tarantino (Account suspended)

Dear Westminster City Council,

Response to this request is delayed. By law, Westminster City Council should normally have responded promptly and by 2 July 2018.

Yours faithfully,

Seb Tarantino

Johnson, Michael: WCC, Westminster City Council

Dear Mr Tarantino,

Thank you for your email of 10th July 2018 to the Council's FOI Team.

I understand from your email that it concerns a delay to an FOI request. You say that a response to the FOI request was due by 2nd July 2018.

The Council receives a large number of FOI requests each day. Despite conducting a search with the details in your email below, it is difficult to locate the FOI request you submitted as you have not provided details or a reference number. Please could you provide details of the request that you are referring to, or a reference number if you have one, and we will look into why there is a delay and when you will receive a response to the request.

Yours Sincerely,

Michael Johnson
Support Officer
Complaints Team
Corporate Services

Westminster City Council
Corporate Services
Westminster City Council
2nd Floor
5 Strand
London WC2N 5HR

www.westminster.gov.uk

show quoted sections

Seb Tarantino (Account suspended)

Dear Johnson, Michael: WCC,

"4 June 2018"

In reference to Freedom of Information request ref: 7487833 (summons for non-payment of council tax) the document disclosed states that:

".... you, being the person liable to pay council tax set out abouve, have not paid that amount or any part of it" https://www.whatdotheyknow.com/request/4...

The document indicates that Summons costs (presumably £105.00) are included in the Total Amount Due

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 summons costs (£105.00?) are included in the Amount Due 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 sincerely,

Seb Tarantino

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