Council tax fine - legal?

richard50 · 15 January 2007 at 7:28PM

Hi

Having missed a C Tax payment I have been threatened with Court action to pay the outstanding amount (£23) plus a £62 fine.

The oustanding amount has now been paid but I have been told I still have to pay the fine and if I do not the bailiffs will visit. A court date has been set for 25 Jan for me to pay the fine.

Is this not tantamount to being another consumer rip-off, similar to the banks over-charging for cheques that bounce?

Any advice on how to save having to pay this fine would be most welcome as I am on a very low income.

Thanks

oscar52 · 15 January 2007 at 7:49PM

Ask them for a breakdown of the fine. Given its almost three times the arrears, i would consider it unjust.

Bossyboots · 15 January 2007 at 7:52PM

I think you will find that this "fine" is actually the costs of applying to court, both in terms of court costs and the council's costs for preparing the paperwork. This is in the region of the usual costs for this and I would be very surprised if you find the council waiving it and although the court might order you to pay it in instalments, they are not likely to let you off it either.

oscar52 · 15 January 2007 at 7:58PM

Court action is a last resort, there is ALWAYS a letter sent previous stating the arrears and the need to pay them.

Plus my brother recently had the same problem, and got the court fees dropped because the council hadnt follwed correct procedure. If no letter was sent first then correct procedure was not followed.

tom188 · 15 January 2007 at 8:05PM

Council tax procedures are written in the statute books.
Applying to court is expensive, particularly if a solicitor has to be involved.

Unlike bank charges or personal debts you can go to prison for not paying council tax and debts are enforceable.

You are not comparing like with like.

Alleycat · 15 January 2007 at 8:19PM

As it is a fine, the amount charged is lawful. It is meant to be a deterrent hence the high amount. It is different to a bank charge as the banks are stating that the amounts they charge are what it actually costs them to return a d/d, bounce a cheque etc.

plumduff-2 · 15 January 2007 at 11:49PM

The council charge (weel actually its court costs) £65 to apply for liability order.. which allows them to then take enforcement action - attachment of earnings or bailiffs etc...

The thing is you say they have threatened to apply for a LO and if they have not applied to the court the costs shouldnt be added to the account..

However, if they apply to the court BEFORE you paid off the balance then they can still claim the costs...

If you feel aggrieved, contact your local MP or councillor,,,

Council tax fine - legal?

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