“Due to challenges to the process in various quarters, including questions from MP’s” the Justices Clerks’ Society has updated their procedures regarding Council Tax Liability Orders:
At 1 the complaint list is provided to the court (usually email but if hard copy then 2 lists),
At 2 reviewed by legal advisor or authorised delegate, at 3 those summons approved are emailed to court for their record and then forwarded to complainant, and at 4 if 2 hard copies one is retained by the court and other returned to complainant, otherwise the court retains only copy and complainant notified of results. At 5 records for summons must be retained for 3 years,
At 6 the complainant prints and serves the summons, which
At 7 do not require wet ink signature, and NOT IN GUIDANCE must comply with Magistrates Court Rule 98 and contain (a) Name and address of complainant, and (b) when and where respondent must attend, and (c) specify each information or complaint laid, and (d) identify the name and address of the issuing court office who MUST record the name of the justice or person who authorised it.
THIS STILL DOES NOT ADDRESS THE FACT THAST THERE IS NO CASES BEFORE THE COURT AS THERE IS NO CASE NUMBER ON THE SUMMONS!
THE LIABILITY ORDER:
At 1 those who wish to attend in person must be allowed to do so, and
At 2 for the day the complainant must provide updated list (remove those who paid, withdrawn, or contracted into payment, and
At 3 the court hears the bulk application where each person will receive a default judgement and the complainant will be granted their wish. At 4 any person attending or writing to the court ‘is dealt with individually and orders made (or not made) in their case and their attendance recorded. Their attendance or otherwise is also recorded’. At 5 the legal advisor records the same, and where not made out at 6 the legal advisor records that on the bulk list of actual order against defendant’s name. At 7 the council has a list and at 8 that is entered into the court register.
At 9 adjourned cases are individually and case entered and resulted.
At 10 “The results are disclosable under Rules 66 [of] MCR 1981’ (by a certified extract template onto which the result should be copied).
i.e. nothing will change except they will send a certified extract under MCR 68 from the bulk listing.
THIS WILL ADDRESS COUNCIL ADDING £30 ON TOP OF THE ORDER GRANTED BY COURT.