Council Tax Court Costs Challenge

COUNCILS ARE OVERBILLING ON COURT COSTS

When Councils don't get payment of Council Tax they take you to court to get a "Liability Order". They issue their own Summonses (which shouldn't be done) and apply charges that do not reflect what the Council is actually paying for the "Court Case". They are allowed to cover their costs, but if they overbill, that can render the "Liability Order" VOID as the Liability Order is granted for both the Council Tax "Liability" and the Costs combined. You can prevent these costs from being added in the first place by putting the COURT and COUNCIL on notice that you are challenging the costs: 

NOTICE TO COURT & COUNCIL

TEMPLATE CHALLENGE

[YOUR NAME]

[YOUR ADDRESS]

[YOUR POSTCODE]

                                                                        BOB: [YOUR DATE OF BIRTH]

 LEGAL NOTICE

[DATE]

FAO

[YOUR COURT NAME] Magistrates Court

Clerk to the Justices

Legal Team

[YOUR COUNCIL NAME] Borough Council legal Team


Dear [YOUR COURT NAME] Magistrates Court,

I have been invited via a Council summons received from Shropshire Council inviting me to a hearing sitting at [YOUR COURT NAME] Magistrates Court on 30th November 2020 at 14:00pm.

I understand from the Council summons that neither court nor magistrates can deal with or consider and take into account any of the following matters; 

The summons from the Council also states, that I should speak to the council first; and that already summons costs of £35.00 have already been charged; yet even if I paid the whole amount today the Council will still be granted a Liability Order to the council for £35.00 plus additional costs of  £35.00 for liability order.

Therefore, in consideration of the above I will be challenging the councils costs. 

1. Will you please send me copies of a detailed breakdown of staffing costs incurred by the relevant local authority and calculation approved by the magistrates for council tax summonses for:

2. How many names were on the bulk complaint list laid to the court for summonses to be issued on [DATE OF SUMMONS], summonsing attendance to a hearings on [DATE OF HEARING].

I immediately require of the court and council to; 

Furthermore, I believe the court and council are not following due fair process.  The court have summons me to appear before the magistrates to show cause why I have not paid the said sum., and yet the prosecution [YOUR COUNCIL NAME]  have provided information in with the summons, discouraging those liable to appear at court during this time, encouraging them to contact Shropshire Council to discuss and implement any reduction, discount and/or exemption that the liable party may be eligible for if not already claimed and to agree a payment plan for the balance outstanding with costs incurred if unable to pay the full balance before the court date.

If I were to do as [YOUR COUNCIL NAME]  Council state and not appear at my hearing, the magistrates would still grant a liability order against me, this is clearly a stab in the back by the magistrates and prosecutor, [YOUR COUNCIL NAME]  Council. It is clear as [COUNCIL NAME] Council are discouraging people to attend the court hearing, but summonsing them to court, they are doing this for no other reason as to unlawfully profit from the summonses.

All liable parties have a legal right to attend without being discouraged by the prosecutor.

I hereby ask that the prosecutor [YOUR COUNCIL NAME] Council withdraw my summons.


I also bring the following to the courts attention:

I claim the Council has breached High Court Case ruling of: CO/976/2014 

Rev Paul Nicholson v Tottenham Magistrates, because adding unreasonable costs to the claim was unlawful.

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM The Queen's Bench Division

The Administrative Court

Mr Justice Leveson

CO/6498/2003

 “I find it very surprising that the only document with a court stamp (under xiii) is not produced by the court, but is created automatically by the local authority's software, even though the local authority is a party to the proceedings. (The example before us adds, under the court stamp, the words "Justice of the Peace for the area aforesaid (or by order of the Court Clerk of the Court)". The intended significance of these words is not clear to me.) This document apparently is used only for the purpose of confirming to the bailiff that he has power to act. However, for that purpose the rules require no more than "the written authorisation of the authority" (Non-domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 r.14(5)). It seems both unnecessary, and wrong in principle, for it to be presented as though it had been stamped by the court. Nothing turns on this point in the present case, and we have not heard any submissions about it, but it seems to me an aspect of the procedure which merits reconsideration.” LORD JUSTICE WALLER.

This notice has been sent to the relevant authorities in consideration of the seriousness of this matter and its potential wider implications

I look forward to a speedy reply as I will need time for my advisers to scrutinize the councils ‘detailed breakdown of their costs incurred in gaining the summons.

Yours Faithfully,

[YOUR NAME]

Xxxxx xxxxxxx

Acct Ref  xxxxxxxxxxxxxxx

Case Number xxxxxxxxxxx

[YOUR NAME]

[YOUR ADDRESS]

[YOUR POSTCODE]

                                                                        BOB: [YOUR DATE OF BIRTH]

 LEGAL NOTICE

[DATE]

FAO

[YOUR COURT NAME] Magistrates Court

Clerk to the Justices

Legal Team

[LOCAL COUNCIL] Borough Council legal Team


Dear [YOUR MAGISTRATES COURT] Magistrates Court,

I have been invited via a Council summons received from [YOUR COUNCIL AREA] Borough Council inviting me to a hearing sitting at [YOUR MAGISTRATES COURT] Magistrates Court on 24th November 2020 at 3:00pm.

I understand from the Council summons that neither court nor magistrates can deal with or consider and take into account any of the following matters; 

i. If I am unable to pay;

ii. If there has been an application for council tax support;

iii. If the matter has been appealed to the valuation office for a deduction in council tax band;

iv. If I have appealed against a decision made by the council to hold me liable.

The summons from the Council also states, that I should speak to the council first; and that already summons costs of £60.00 have already been charged; yet even if I paid the whole amount today the Council will still be granted a Liability Order to the council for £60.00 plus a minimum extra cost of £30.00 for liability order.

Therefore, in consideration of the above I will be challenging the councils costs. 

1. Will you please send me copies of a detailed breakdown of staffing costs and calculation approved by the magistrates for council tax summonses for the years:

2013-2014; 2014-2015; 2015-2016; 2016-2017; 2017-2018; 2019-2020; and; 2020-2021

2. How many names were on the bulk complaint list laid to the court for summonses to be issued on 6th November 2020, summonsing attendance to a hearings on 24th November 2020?

3. Please give the name of the clerk to the justices who's signature is printed on the summonses issued on 6th November for the hearings on 24th November 2020.

I immediately require of the court to; 

I also bring the following to the courts attention:

I claim the Council has breached High Court Case ruling of: CO/976/2014 

Rev Paul Nicholson v Tottenham Magistrates, because adding unreasonable costs to the claim was unlawful.

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM The Queen's Bench Division

The Administrative Court

Mr Justice Leveson

CO/6498/2003

 “I find it very surprising that the only document with a court stamp (under xiii) is not produced by the court, but is created automatically by the local authority's software, even though the local authority is a party to the proceedings. (The example before us adds, under the court stamp, the words "Justice of the Peace for the area aforesaid (or by order of the Court Clerk of the Court)". The intended significance of these words is not clear to me.) This document apparently is used only for the purpose of confirming to the bailiff that he has power to act. However, for that purpose the rules require no more than "the written authorisation of the authority" (Non-domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 r.14(5)). It seems both unnecessary, and wrong in principle, for it to be presented as though it had been stamped by the court. Nothing turns on this point in the present case, and we have not heard any submissions about it, but it seems to me an aspect of the procedure which merits reconsideration.” LORD JUSTICE WALLER.

This notice has been sent to the relevant authorities in consideration of the seriousness of this matter and its potential wider implications

I look forward to a speedy reply as I will need time for my advisers to scrutinize the councils ‘detailed breakdown of their costs incurred in gaining the summons.

Yours Faithfully,


[YOUR NAME]

Acct Ref:  *******************, ***********************

Case Number ***********,  ************.