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