Council Tax Court Costs Challenge

🛑 COUNCILS ARE OVERCHARGING ON COURT COSTS 🛑

When councils don’t receive Council Tax payments, they take you to court to obtain a Liability Order. Councils often issue their own summonses—something that should not happen—and apply fees that don’t reflect the actual cost of bringing the case to court.

⚖️ They are legally allowed to recover their costs, but if they overcharge, the entire Liability Order can be rendered VOID, since it is based on both the liability and the costs.

📬 You can stop these charges from being added by placing the COURT and COUNCIL on notice in advance, challenging the legitimacy of the fees.

📄 NOTICE TO COURT & COUNCIL — TEMPLATE CHALLENGE

[YOUR NAME]
[YOUR ADDRESS]
[YOUR POSTCODE]
BOB (Date of Birth): [YOUR DATE OF BIRTH]
Date: [DATE]

To:
  [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 received a summons from [YOUR COUNCIL NAME] requiring me to attend a hearing on 30th November 2020 at 14:00, at your court.

🔍 The summons says the following will not be considered by the court:

• Inability to pay

• Applications for Council Tax Support

• Appeals to the Valuation Office

• Disputes over Council Tax liability
  
  

 Despite this, the Council has already added £35.00 in summons costs, and claims a further £35.00 will be added for the Liability Order—even if I pay in full now.

🛑 I formally challenge the Council’s costs.

 REQUEST FOR INFORMATION

1️⃣ Please send a detailed breakdown of Council staff costs (as approved by the magistrates) for Council Tax summonses issued in:

• 2017-2018

• 2019-2020

• 2020-2021

• 2022-2023

• 2024-2024

• 2024-2025
  
  

2️⃣ How many names appeared on the bulk complaint list for summonses issued on [DATE OF SUMMONS], for hearings on [DATE OF HEARING]?

 ADDITIONAL DEMANDS

I request from both the court and the council:

  •   A certified copy of the original complaint submitted to the Clerk to the Justices
  •  Disclosure of how many complaints were made by [YOUR COUNCIL NAME] on [Date of Summons]
  •  A detailed cost breakdown (proving costs were genuinely incurred prior to the summons)
  •  A published risk & impact assessment for court attendance during COVID-19 restrictions
  •  Removal from the bulk order list, so my case may be heard individually and I can request an adjournment to examine these issues properly

 FAILURE OF DUE PROCESS

It appears the court and the Council are not acting fairly. While I am being summoned to explain why I haven’t paid, [YOUR COUNCIL NAME]’s notice tells me not to appear in person, but instead to negotiate directly with them. This:

• Discourages lawful attendance

• Implies a decision will be made in my absence

• Appears designed to maximize profit through unlawful costs
  
  

This is unfair and deceptive. Every liable party has the legal right to attend court without being misled by the prosecuting authority.

 I request the Council withdraws my summons.

 LEGAL PRECEDENT: REV. PAUL NICHOLSON v TOTTENHAM MAGISTRATES

I assert that the Council has violated the ruling in CO/976/2014 (Rev Paul Nicholson v Tottenham Magistrates), where adding unreasonable costs was found unlawful.

Additionally, consider:

 COURT OF APPEAL RULING — CO/6498/2003, Justice Leveson:

“...the only document with a court stamp is not produced by the court, but generated by council software… presented as though it had been stamped by the court... this seems unnecessary, and wrong in principle... merits reconsideration.” – Lord Justice Waller.

This notice has been sent to relevant authorities due to the serious nature and wider implications of these practices.

⏳ I request a prompt reply so my advisers may examine the Council’s cost breakdown before the hearing.

Yours Faithfully,
  [YOUR NAME]
  Ref: xxxxxxxxxxxxxxx
  Case No: 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 Department

Dear [YOUR COURT NAME] Magistrates' Court,

I have received a Council Tax summons issued by [YOUR COUNCIL NAME] Borough Council, instructing me to attend a hearing at [YOUR COURT NAME] Magistrates' Court on 24th November 2020 at 3:00 PM.

According to the information included in the summons, the Court will not consider the following matters:

i. Inability to pay the Council Tax;
ii. Whether I have applied for Council Tax Support;
iii. Whether the property’s tax banding has been appealed to the Valuation Office;
iv. Whether I have appealed the Council’s decision regarding liability.

The Council’s notice further states that I should first contact them directly and that £60.00 in summons costs has already been added. It also asserts that, even if I paid the full amount immediately, the Council would still be awarded a Liability Order for £60.00, plus a minimum additional charge of £30.00.

Given these circumstances, I will be formally challenging the costs imposed by the Council and request the following:

1. A detailed breakdown of staffing and administrative costs relating to Council Tax summonses, along with the calculations approved by the magistrates, for the financial years:
   2013–2014, 2014–2015, 2015–2016, 2016–2017, 2017–2018, 2019–2020, and 2020–2021.
   
   

2. The total number of individuals included on the bulk complaint list submitted to the Court on 6th November 2020, resulting in summonses for hearings scheduled on 24th November 2020.
   
   

3. The name of the Clerk to the Justices whose signature appears on the summonses dated 6th November 2020.
   
   

I further request that the Court and the Council:

• Provide me with a certified copy of the original complaint submitted to the Clerk to the Justices.

• Disclose how many other complaints were made by East Staffordshire Borough Council on 6th November 2020.

• Supply a comprehensive breakdown of the Council’s costs, with evidence that these expenses were genuinely incurred. Any inflated or unsubstantiated charges are unlawful.

• Confirm that I have been removed from any ‘bulk order’ processing, and that my case will be heard individually, as I will be requesting an adjournment to allow these matters to be properly addressed.
  
  

I also bring to the Court’s attention the legal precedent:

Rev Paul Nicolson v Tottenham Magistrates’ Court – High Court Case No. CO/976/2014, where the court found that unreasonable costs added to a Council Tax liability claim were unlawful.

Furthermore, in the case of:

Court of Appeal (Civil Division)
CO/6498/2003 – Mr Justice Leveson
It was noted:

"I find it very surprising that the only document with a court stamp... 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... It seems both unnecessary, and wrong in principle, for it to be presented as though it had been stamped by the court... this is an aspect of the procedure which merits reconsideration."
– Lord Justice Waller

This notice is being submitted due to the serious nature of these procedural concerns and their wider implications for due process and fairness in the Council Tax recovery process.

I respectfully request a prompt response, as I will need time for my advisers to review and scrutinise the Council’s submitted cost breakdowns.

Yours faithfully,

[YOUR NAME]
Account Reference: ***************
Case Number: **************

TEMPLATE FOR  WHEN LIABILITY ORDER HAS ALREADY BEEN ISSUED

[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 Department

Dear [YOUR COURT NAME] Magistrates’ Court,

RE: Council Tax – Challenge to Liability Order dated [DATE OF ORDER]

I write in regard to a Liability Order that was issued against me on [DATE], following a summons from [YOUR COUNCIL NAME] Borough Council.

I wish to formally place on record that I am challenging the costs associated with this Liability Order, and the validity of the Order itself, on the basis that:

1. The summons and subsequent charges applied do not reflect actual costs incurred by the Council;

2. The Order was issued without proper scrutiny, and potentially as part of an unlawful or unfair "bulk order" process;

3. I was not provided with clear or accessible means to challenge the Council’s costs before the hearing, nor was I afforded proper procedural consideration.
   
   

As such, I respectfully request the following under the principles of transparency, procedural fairness, and administrative accountability:

 Requested Disclosures

1. A detailed breakdown of all costs claimed by [YOUR COUNCIL NAME] in relation to my case, including evidence that these were:
   
   

   • Actually incurred,

   • Related only to my individual case, and

   • Approved by the Magistrates for the relevant financial year.
     
     

2. A certified copy of the original complaint submitted to the Clerk to the Justices which formed the basis of the Liability Order against me.

3. The name of the Clerk to the Justices whose signature appears on the summons issued for the hearing.

4. Confirmation of how many summonses were issued on the same day for hearings scheduled on [DATE OF HEARING], and whether my case was part of a bulk complaint submission.

5. The legal justification or regulation that permits such bulk processing and allows the Court to issue Liability Orders en masse without full individual examination of costs or facts.
   
   

 Legal Basis for Challenge

I wish to bring to your attention the High Court ruling:

Rev Paul Nicolson v Tottenham Magistrates' Court – CO/976/2014,
which established that imposing costs not actually incurred is unlawful, and that such overcharging can invalidate a Liability Order.

Further, in:

CO/6498/2003 – Court of Appeal (Civil Division),
Mr Justice Leveson and Lord Justice Waller expressed concerns regarding councils issuing summonses and orders using software-generated documents bearing court stamps, potentially misrepresenting official authority.

“It seems both unnecessary, and wrong in principle, for it to be presented as though it had been stamped by the court… an aspect of the procedure which merits reconsideration.”
– Lord Justice Waller

 Potential Breach of Due Process

If my case was processed without due individual consideration, and if the costs added are disproportionate or unsupported, then this may amount to:

• A breach of natural justice,

• A procedural impropriety,

• And/or an unlawful financial enrichment by the prosecuting authority.
  
  

I am therefore requesting an urgent review of this Liability Order and the associated costs. I ask that enforcement action be paused while this matter is properly addressed.

 Requested Outcomes

• Full reassessment of costs imposed in my case;

• Confirmation that I will be heard individually if the matter returns to court;

• A written response to all items requested above, enabling me to decide next legal steps.
  
  

This letter is being copied to relevant oversight bodies in light of the potential implications for other residents similarly affected.

I look forward to your reply within 14 days.

Yours faithfully,
[YOUR NAME]
Account Reference: ***************
Case Number: ***************