Urgent advice needed - c tax valuation tribunal decision appeal refused

educatingmyself

Hi this is long and complicated, but I will try and put it in a nutshell! Any help appreciated!

I moved from the appeal property to my guest house because the manageress moved out. My daughter, a student remained in the house alone. We applied for student exemption and were refused. I appealed and it went to Tribunal.

The day of the Tribunal followed a very distressing night following my daughter's failed attempt at suicide. I was exhausted and distressed and not functioning at my best (not that I do that on a good day, because I am disabled and relient upon strong pain killers; and I have a brain problem that affects my memory and my intellectual ability) and my daughter was my main witness and had spoken to the council and the bailiffs and could explain those things. My daughter suffers from bi polar and her mental health had deteriorated following a burglary at my guest house where whe was when we suffered an aggravated burglary in which she was badly beaten. This had resulted in her unstable state and several attempts at suicide. She is suffering from Post Traumatic Stress Disorder.

As the tribunal unfolded, the council had a full submission that I knew nothing about. It was presented to me there and then. It was full of errors, eg, I was living in a one bed flat with my son (I was living in an 8 bed house) I had left my stuff stored at my house in the garage (I don't have one there, it was at my guest house) and I hadn't told them until years later (in their own evidence it quoted me saying I didnt live there two months after I had moved). Anyway, they deemed that it was always my intention to return to the house and therefore it was my main/sole residence and I have to pay. I think after four years it could be said that I had no intention of returning, but hey ho!

Anyway, my guest house was flooded (sewage, lovely) and I had to move out, I was also targetted by the burglars who did not like the fact that we went to court, my car windows were shot through, and I was a day or two late with my appeal, I had misplaced the decision notice in my packing and had no internet connection either. I appealed on the gounds that a witness was missing as was vital evidence, also explaining all the circumstances. It was refused stating that my case was not prejudiced. I have explained that the decision and the refusal of an appeal was based on erroneous facts. Still no joy.

Are there any other avenues I can explore? If I do not overturn this decision I am up in Court for Committal to Prison for non payment of C Tax on the appeal property. The council stated that if I won the Tribunal they would drop the case! I appear to be up the Swannie without a paddle, or whatever it is my parents used to say!

Any advice would be gratefully received I despair; and I do not know what I can do, my daughter has had to come home to live with because she is not stable, I am a carer for my brother who is also a mental health patient and I take care placements at home! I cannot cope with all this. I am in constant pain (and stress exacerbates it), my brain doesn't function and now I am faced with possible imprisonment. I feel like I am a character in a book, I did not think that something this unjustified could possibly happen. I genuinely believed that as a truthful person I would turn up explain my case, for which they already had confirmation that I was paying full council tax and business rates at my present home, and they would believe me and see the evidence and that was that. I did not relalise they could "deem" whatever they like!??

Please help someone!

John_Pierpoint

To me this story smells like the effect of taxation nationalising 50% of our GDP - it feels like something from the annals of Cold War Eastern Europe.

You seem to be a rich man owning a normal home plus an 8 bed guest house? [You "dangerously" mention "home" without specifying which building is which].

As well as a daughter you mention a son - what are their ages and does the son own a property?

It also seems to me that neither you nor your brother nor your daughter are in a fit state to manage this asset value, without help. Is there anyone else in the family that you can trust?

I think you should have taken steps to prove that the ordinary house is no longer available to you (as of right) to move back in at any time (perhaps by putting it into trust, so that you don't legally own it - transferring it to your daughter is obviously too great a risk).

I cannot believe that the local authority will try to commit you to prison, (at "my" expense) there must still be civil moves they can make against your property, to recover their debt? [Though local government officers can become remarkably "annal" when they come up against what appears to be someone doing the "can't pay won't pay" act - they know that the tax is the only way of paying their wages, so you cannot be allowed to create a precedent. ]

As solicitors love to say "the man who represents himself has a fool for a client" - I think it is time to get professional help and pay for it.

[Now where you find a competent professional in Council Tax matters is outside my experience - think I would go along to some cases and button hole someone who seemed to be effective against the local authority?].

My only practical experience of council tax appeals revolved round a wreck bought by two brothers and eventually converted into two "luxury" flats - when did it become "habitable" ? When did it become two properties?
When it came up before the magistrates, the local authority "lost" because their representative had not studied the brief and so managed to contradict herself several times when being questioned. I rather think that in your case, the situation might appear to be the other way round.

lincroft1710

If your "appeal" against the VT decision was refused then I cannot see that there is any way it can be overturned. Looking at the Directgov website it seems you are not entitled to to make a second appeal against the bill.

Sorry but this is now way beyond my field of expertise.

BB&B

Once the VT have ruled then that is the end of the appeals process, and your only recourse now is to see if your MP can intervene on your behalf.

However you have to be aware that there is very little leeway in the CT regulations, and it is VERY common for us mere mortals to read alternative meaning into the regulations definitions, that DO NOT apply.

I would also suggest that you talk to your nearest law center as if the council have submitted PROVABLE incorrect fact, then there is a possible case for a judicial review. (By provable I mean 100% cast iron proof that what they have written is wrong, and not just your interpretation or say so!)

Tim

educatingmyself

Many thanks for everyone's input. I have written to my MP and I have asked for the complaints procedure to be sent to me by the Tribunal Service, so these things are in hand. I am investigating Judicial Review, but is there a time limit does anyone know? There are several errors, many revovle around the main/sole residence, that is to say, where I spent most of my time, where I have most of my belongings, near where I work and what sort of permanency of tenure there is. I spent most of my time at the guest house, not one single night spent at the appeal property since March 06. I had all my belongings at my guest house in the garage, they quoted I had my belongings stored in my garage at the appeal property. The appeal property does not have a garage. I work on site and I am the freeholder! What more do they want?

They also assume I lived in a one bed flat because I pay Band A council tax. I do not have separate self contained accommodation, which is what is normally needed to be charged council tax as far as I am aware, with a separate entrance door, which I do not have either. This assumption led to the comment that there was no way I would live in a one bed flat when I could live in a three bed house! Regardless of what I had, I had to be on site for Fire Regs. There was nobody else. Also, I had care placements and therefore had to be on site for my caring responsibilities.

Also, the heirarchy states that the non-resident freeholder is bottom of the list for liability, a resident in the property is more liable, that would be my daughter, who was exempt as a full time student!

In their case they states they found out in May 06 that I opened the guest house on 14 March 06, this is when I moved in because the person living on site moved out. I was already the owner. and had been for some time and t6hey had this information from the beginning. They say I didnt tell them I had moved until years later, yet in there own evidence it states on 4th and 5th May 06 that I wasn't living at the appeal property.

I am fuming that I am having to pay for a property in which I did not live but also for when I had tenants in, they are making me pay for their period of time as well because they did not have an AST, even though I can produce bills and bank statements in their names!

Any ideas? Are these errors sufficient BB&B? Also, had I known what sort of evidence I would have needed (ie prior disclosure of their submission) I could have obtained letters from previous and present neighbours, as well as the various people with whom I interact in my work and where they always meet me and need me for my caring responsibilities!

I have no idea what to do next!