Isitfair

Council Tax Reform

A non party political nationwide campaign

Defending yourself at Court

Whatever happens, however irritated, annoyed, or justified you may feel, always be polite in court. If you are not, the magistrates can refuse to listen to your statement and can order the usher to remove you from court.

The magistrates do have the power of discretion i.e. they can decide on the basis of your statement, or for some other reason, that the council does not have a strong enough case against you and thus refuse to give the council a Liability Order. In reality, they are accustomed to rubber stamping exactly what the council asks for. It is for you, the unaccustomed defendant, to make as good a case as possible for yourself unless you have a solicitor to do it for you.

The Magistrates rely on The Clerk of the Court to guide them on any legal matters. The Clerk must not appear to be biased and must not take part in any decision making. Therefore, when the Magistrates disappear into a back room to make their decision, the Clerk should not go with them.

It is not uncommon for people to be called to court and prosecuted for monies which the council has wrongfully claimed are owing. That is why it is important to check all figures given to you on reminders and on the summons. You cannot rely on the Magistrates to sort this out for you.

  1. You can ask for the costs to be waived. A reasonable amount for the council to charge for costs would be say up to £5 for the computerised paperwork. Remember that this paperwork is shared with however many people the council has listed to be rubber stamped that day, often around 200, hardly any of whom will turn up to defend themselves because they don't know they can.

Wednesday 30th January … 200 x £67 = £13,400 profit

  1. You also have the right to interrogate the evidence put forward by the council officer (see Statement). If the council is found to have failed to carry out the proper administrative procedures complete with certification of the computerised work, you can state "No case to answer" i.e. the case must be dismissed.
  2. Above all, you have under Common Law and the Human Rights Act 1998, "the right to be heard" and the "right to a fair trial." If the court refuses to listen to your statement without good reason (something which happens too often), this is a situation called "contempt of court"and will give you grounds for taking the case to Appeal at a higher court under Case Stated or Judicial Review.

If the magistrates refuse to listen to your statement, look straight at them and say:

"With the greatest respect, I insist upon my legal right to be heard."

  1. If you are deliberately withholding part of your council tax this makes it almost certain that you will get a Liability Order. That is because in council tax cases the Magistrates look to see if they can find evidence of culpable neglector wilful refusal to pay. You might be able to get the costs waived and it will without doubt help others to know they too can make a stand in court.

STATEMENT FOR MAGISTRATE’S COURT SUMMONS

  1. I am here to answer the summons and hope to find that today Justice is seen to be done.
  2. I wish to refute the council's demand for a Liability Order and:

a)read out my defence statement

b)examine the evidence which the council has presented;

______

3.Address the council tax officer: would you be kind enough to let me have sight of the evidence against me. I should like you to identify and show me the specific documents. If these documents are computer generated I should like to be shown the accompanying certificate which:

a)identifies the document and the computer from which it was produced;

b)includes a statement that the computer was operating properly, or if not, that the defect did not affect the production of the document or its accuracy;

c)explains the content of the document;

d)is signed by a person occupying a responsible position in relation to the operation of the computer.

The council officer should bring all this over to you and point out the necessary documents. Make sure the documents are properly dated and refer to this particular hearing. The officer will be entitled to cover up other people's names on the listing, letting you see only yours. You should check the sum specified as owing is the same as that which appears on your summons, that your name/address/reference no. & whatever else may appear is correct. Take as long as you need.

(Failure by the local authority to produce the necessary certificate will make its computer evidence inadmissible and it will be unable to prove its case in court. This will enable you to state to the court "No case to answer.")

______

When you have finished looking at the papers and if you have found nothing untoward, continue questioning the council representative thus:

  1. Do you, as a matter of good practice, carry out checks on your listing to see whether the debtor

a)is entitled to council tax benefit?

b)has made a claim for benefit that has not yet been processed?

c)has made an Appeal?

d)may be entitled to a discount?

The answer is more than likely to be "No." If by some rare chance the answer is "Yes" say

"Can you assure me then that there is no-one on that list who falls into any of those categories? I ask because you have never checked with me".

  1. Did the council, for <insert appropriate year in question e.g.2007/08> council tax billings, carry out a Public Consultation and Regulatory Impact Assessment on the proposed Council Tax budget, before deciding on the percentage rise and spending of council tax, as per the Consultation Code 2004 from the Cabinet Office, which is binding on Local Authorities? And, is it the intention of the council to carry out such Public Consultation for 2008/9 council tax billings and budget spend, with all interested parties, as required under the Sustainable Communities Act 2007?

I have neither seen nor heard anything about a public consultation at any time, neither has anyone else I know. The council holds the contact details of all council tax payers. It would not be hard to let all interested parties know about a public consultation.

  1. Please tell me how many people are listed for this hearing. Note this number to use later.

In order to indicate you have finished questioning the representative, say "Thank you"

______

I have established that:

  • The council did not (and has not), as required by the Consultation Code 2004 (and Sustainable Communities Act 2007) carried out a wide ranging public consultancy meeting on council tax before deciding upon the annual percentage rise and budgetary allocation. I would suggest the council is therefore guilty of procedural ultra vires (acting beyond its powers).
  • the council does not, as it should, consider the relevant facts of individual cases in order not to act in an unreasonable manner(Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223.
  • today the council will make a profit of ……. X £67. The council appears to be prepared to act beyond its powers by placing budgetary considerations above the Common Law Duty of Care owed to this community and the individuals within it.

The council has, in my case, applied for a Liability Order whilst aware that the amount claimed takes me beyond the boundary of what my income can bear. Modest outgoings are barely met by modest income. My wife and I cannot think about holidays - these ceased upon retirement, we simply cannot afford them. This year's household bills are (according to the newspapers) going up by four times the rate of inflation - average rise per household expected to be £200. This does not take into account the medical costs and special diet bills we have to account for due to the fact that we are both disabled. The basic State Pension will rise by about £3.50 per week this year - that is, it continues to fall well below the real market costs of keeping a household together.

Despite this, without being consulted on what is being done with my money, I am required to pay towards the council staff pensions, their mobile 'phones, laptops and service provider. This situation, for all those on a fixed income, is unjust and not sustainable. I feel the council has chosen to ignore the relevant facts and has acted unreasonably in applying to this court for a Liability Order.

I would request that:

  • the court denies the council's request for a liability order.
  • all costs claimed against me be waived on the grounds that the council should not be seen to be making a profit out of making application for a Liability Order. Practice note No.9 (para 12.1) - states that the court must be satisfied that the amount claimed by the local authority in costs is no more than those reasonably incurred.

Thank you for your attention.

Founder - Christine Melsom, Willow Cottage, Church Lane, Headley, Hampshire, GU35 8PJ

Web site: E mail: Tel: 01428 712 680

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