Who is responsible for not receiving Court Summons

mowdiewark

Hi, I am hoping that someone on these forums has any advice about being fined by a local council for not attending a court summons that I didn't receive?

Basically they have added £83 to my council tax bill for court fees because they said I didn't attend a court summons for not paying council tax (long story, but circumstances had changed, ie property was vacant). When I called them they said it was sent in the post (Royal Mail) with standard 2nd class post (cheap skates!) which I didn't receive.

They said it was sent a month before the court appearance and it was my fault for not appearing and that it was not they're responsibility for The Royal Mail not delivering letters.

Can they do this? I thought that it is THEIR responsibility as they pay The Royal Mail to act as THEIR agent to deliver mail. Therefore it IS their responsibility.

I am no legal expert, but surely they cannot depend on a letter sent by standard post for a court summons? Thousands of letters get lost in the mail everyday, plus I could have been out the country or in hospital or anywhere.

The guy on the phone advised me to pay everything (which I did) then appeal the fine. But he also said he didn't hold much hope (thanks for nothing mate!)

Anyone got any advice?

Marktheshark

Standard council scam they pull.
Nothing you can do other than make sure you keep them informed about "changed circumstances" they use these fake summonses to fake hired courts as penalty charges.

mowdiewark

Hi thanks for your reply. If it's a scam, surely it's illegal and they shouldn't be allowed to get away with it. I'm so angry with them, that I want to take further action just out of principle now. It's as if they have you over a barrel.

tomtontom

Regular RM delivery is almost always used by the courts (and local authorities) to deliver court papers. It is assumed that items posted are delivered, the amount of mail that goes missing is pretty low. You can appeal the fine but keep in mind they'll have heard the same "I didn't receive the paperwork" excuse many many times. You may have more luck explaining your change in circumstances, but they are likely to suggest that you should have been aware of the outstanding payment.

CIS

No scam in it, the interpretations act 1978 covers service of documents - posting it by normal post is deemed as service of the documents.

http://www.legislation.gov.uk/ukpga/1978/30/section/7