Missed council tax payment and summons for non payment

carpangler1

I received a court summons at the weekend for non payment of council tax. It would appear speaking to them that I missed the april payment, due to an error on my part, which I accept. All other payments have been paid on time. The first I heard of this was the court summons. They say a non payment letter was sent in July. I never received this and they say I cannot have a copy!. £35 costs have been added and it would appear I have lost the right to monthly payments. I paid the missed payment over the phone this morning without a question. I missed the payment fair and square. I did say to them if I had received the original letter I would have sorted it there and then. Until the summons I had no idea I had missed a payment.

My quesion is should they have issued further communication before issuing a court summons. I thought, maybe wrongly, that a red letter had to be issued, and then a final demand, then the court summons. One simple mistake and I pay heavily plus £35 costs. Also can I insist on a copy of the letter for my records. They say they cannot do this.

Thanks in advance as I am not lying down and taking this if they are not following correct procedure when I make a simple, though stupid, error.

HappyMJ

They can't do it probably because a letter does not exist. Yes, they should have sent one. Go to the court and defend yourself. Show proof of all the payments from May to September to the council officer who will be at the court and tell them you can't pay it any quicker. They will probably get a liability order but by the sounds of it it's a genuine error so you should be able to continue to pay in instalments to the council. You need to talk to the council and negotiate. I don't know what the outcome will be.

Hintza

Is £35 worth the hassle? You freely admit you made the initial error.

Why not write them a letter asking what their procedures are for late payments (might be on the council website) but you have to weigh up the stress, time and hassle factors of pushing this.

Mrs_Arcanum

Once the summons had been started I have never come across a council that will remove the charge except when other discounts are allowed (empty, disabled etc.). (Have to pay CT bills all over the country for tenants/shared homes so deal with a huge variety of councils).

vax2002

You can not defend yourself in court...because they do not take you to court, its a sham , they "summons = invite you to a room in the court hired by the council, they even sit some cleaners, or who ever they can get their hands on to sit behind the magistrates bench and pretend to be magistrates in a hired spare court room.
One huge Sham.
That is why you can not have the evidence, because you are not going to court
Request a personal hearing in front of a REAL magistrate who will swear upon oath they are a magistrate then ask for the evidence they claim to have, ask the magistrates to grant a adjournment and issue an order for this letter they claim to have sent to be produced.

carpangler1

Thanks all. I agree with what you say over the hassel factor. I've paid and will not go to court. The issue for me is whether they have followed correct procedure for issuing a summons. I've tried speaking to them and they don't seem to want to move over the right to lose monthly payments. The original council tax bill does mention about losing rights to monthly payments for missed payments, so I'm stuck there. The actual cost is not an issue to me, it's the principle of how they have gone about this. If I have to pay the full amount for the remainder of the year in one hit, then so be it. However, if they have not followed correct procedure for issuing a summons then I will go for them. If they have then I'll drop it as it was originally my fault. I've done a quick google and it does appear there is a procedure for issuing a court summons regarding final demands etc... but I can't find a definitive guide as to what has to be issued to the person being summoned.

With regards the orginal late payment letter I've sent them a complaint saying it was never received, was told I cannot have a copy, and re-iterated I want a copy. I will be investigating the complaints procedure tonight as I should be able to find it on there web site. For me I'm in a fortunate position to be able to pay the full amount for the rest of the year. Another time I might not be and the council treat me as if I've commited a crime.

carpangler1

vax2002 wrote: »

You can not defend yourself in court...because they do not take you to court, its a sham , they "summons = invite you to a room in the court hired by the council,.....

Thanks - Can you clarify further please as I've read this in other places at the weekend and I'm now curious.

The summons says 'you are therefore herby summoned to appear before the magistrates sitting at ...'

hallowitch

http://www.legislation.gov.uk/uksi/1992/613/contents/made

vax2002

If the summons was issued by the council, then it is an invitation and has no legal standing, so they can invite you anywhere they see fit at any time.

carpangler1

Having just had a quick skim through the legislation link I would guess they are covered, even when they can't prove a letter was sent. I did see something that says one letter and then they can summon you. Now I can't find it again!. However, it would need someone with legal background to fully understand all that but will have a good read tonight.

Anyone else been in the same boat with the council?

Oliver14

vax2002 wrote: »

You can not defend yourself in court...because they do not take you to court, its a sham , they "summons = invite you to a room in the court hired by the council, they even sit some cleaners, or who ever they can get their hands on to sit behind the magistrates bench and pretend to be magistrates in a hired spare court room.
One huge Sham.
That is why you can not have the evidence, because you are not going to court
Request a personal hearing in front of a REAL magistrate who will swear upon oath they are a magistrate then ask for the evidence they claim to have, ask the magistrates to grant a adjournment and issue an order for this letter they claim to have sent to be produced.

At least the OP had sense and didn't follow this dodgy advice