RESPONSE TO COUNCIL TAX SUMMONS

This is the start of public dispute resolution.

Even at this point all the people involved are under an obligation to do whatever they can to resolve the dispute privately, and the courts encourage that to be done by a consent order between the parties.

The reason is simple...

No one wants to take responsibility for making a decision that may be wrong!

This responsibility means all parties MUST reasonably attempt to narrow the issues to be decided by the court, and ours is simple - PROVE MY OBLIGATION!

If you have disputed your council tax bill:

DSAR Council for information laid for issuance of summons DSAR Court for information laid for issuance of summons

You will have your record of your dispute, and the Council under their obligation to not knowingly or recklessly mislead the court must provide your dispute to the Justice of the Peace when laying their information when applying for the summons, and the Court MUST consider the evidence before it.

The summons should never be issued as the evidence shows that the Council have failed to prove your obligation!

If you receive a summons in any event you need to find out what information was laid so you can ensure it included your dispute, as if the Court issued the summons then they must be held to account for reaching that decision as administrative courts are unlawful.

Immediately send a DSAR to BOTH the Magistrates Court and the Council asking for the information laid.

At the same time request the Council's 'Case progression Officer in accordance with section 3A Case Management (4) of  The  Magistrates' Courts Rules 1981 SI 1981 No 552 (as amended) (up to date Jan 2020).

This is because you put their claim into dispute and have asked them to prove your obligation, and until they can provide that you have no case to answer - simply they have no cause for action (laying the information for the summons and liability order).

ADD THESE REQUESTS AND ANY RESPONSES TO YOUR RECORD IN CHRONOLOGICAL ORDER

If within 7 days the Council do not provide you with their case progression officer then apply to the Magistrates' Court for their case progression officer and ask them to order the council to provide their case progression officer.

ADD THESE REQUESTS AND ANY RESPONSES TO YOUR RECORD IN CHRONOLOGICAL ORDER

If you have not disputed your council tax bill yet:

You will need to catch up!

1 - Send the above DSAR's to the council and the court, and

2 - Request the Council's Case Progression Officer (and continue that process as previously described), and

3 - Send the CAUTION NOTICE (and continue that process as previously described).