CT Liability Order - Postage time allowance

[Smiffy]

Just a query

From the date of issue to the date of liability order is granted is at least 14 days - yes?

I am presuming this is the date issued to the person with the liability so if its delivered by hand on the date of issue then court date could be 14 days later - yes?

Is there time allowed for postage if sent by mail and if so how many days - I know it is 5 days for a CCJ giving a total of 19 days from date of issue but is there a similar rule for liability orders?

if sent by post then how many days must there be between date of issue and the court date (taking in to account postage)

[ploddertom]

Re: CT Liability Order - Postage time allowance

Can I ask what you are hoping to acheive with this?

[Smiffy]

Re: CT Liability Order - Postage time allowance

Just asking the question as to the validity of a liability orders for example issued on 1st August due for hearing 15th August for example then passed on to bailiffs

Is that OK?

[outlawlgo]

Re: CT Liability Order - Postage time allowance

.....From the date of issue to the date of liability order is granted is at least 14 days - yes?

I don't know if this is what you're looking for: Regulation 3 of the Council Tax (Administration and Enforcement) (Amendment) Regulations 1998

Liability orders: issue of summons

3. After regulation 35(2) (liability orders: further provision) there is inserted—

“(2A) No liability order shall be made in pursuance of a summons issued under regulation 34(2) unless 14 days have elapsed since the day on which the summons was served.”

[Smiffy]

Re: CT Liability Order - Postage time allowance

Thanks - by served does this mean the date the person actually received the summons? If so then that doesn't account for delivery time does it

so summons issued 1st August, received/served 4th August, Liability order date 16th August - would only be 12 days wouldn't it?

[outlawlgo]

Re: CT Liability Order - Postage time allowance

Forgot this to complete the picture: The Council Tax (Administration and Enforcement) Regulations 1992

Thanks - by served does this mean the date the person actually received the summons? If so then that doesn't account for delivery time does it

so summons issued 1st August, received/served 4th August, Liability order date 16th August - would only be 12 days wouldn't it?

That's the way I'd interpret it, but not 100% certain.

[Smiffy]

Re: CT Liability Order - Postage time allowance

and obviously if one is not valid then many thousands of others issued that day would also not be valid hmmm

Could do with clarification over any allowance for delivery, its clearly 5 days for CCJ's but struggling to find anything for CT

[outlawlgo]

Re: CT Liability Order - Postage time allowance

The Civil Procedure Rules Part 6 - Service of Documents, Deemed Service (6.26) may be a good starting point.

Practice Direction 6A (10.1) contain examples of how the date of deemed service is calculated.

It seems though to be debatable whether council tax prosecutions are Criminal or Civil matters. Thankfully as far as Deemed Service of documents is concerned, the Criminal Procedure Rules at Part 4 (Service of Documents) mirrors largely the Civil Procedure Rules.

You could ask your council for proof of posting which would give you more ammunition.

[outlawlgo]

Re: CT Liability Order - Postage time allowance

....You could ask your council for proof of posting which would give you more ammunition.

If you look at this example you will note that summonses were sent second class on 15/10/12 ("date stamp").

This corresponded with a summons arriving on the 17/10/12 which was dated 10/10/12 for a court hearing on 02/11/12.

[ploddertom]

Re: CT Liability Order - Postage time allowance

It seems though to be debatable whether council tax prosecutions are Criminal or Civil matters.

Council tax is an anomaly in that it is classed as a civil debt but heard in the Magistrates Court.

[MIKE770]

Re: CT Liability Order - Postage time allowance

magistrate for hire listens to it in a room that has been rented it has been said.

[Smiffy]

Re: CT Liability Order - Postage time allowance

Surely it's criminal as willful non payment can result in imprisonment as is the case with a criminal fine

[charitynjw]

Re: CT Liability Order - Postage time allowance

Surely it's criminal as willful non payment can result in imprisonment as is the case with a criminal fine

There are quite a few civil law remedies which, if breached, can lead to criminal law punitive judgments.

[labman]

Re: CT Liability Order - Postage time allowance

Slightly off topic, but related, have you read this (LINK)?