Is this statement true please

[D P Dance]

"The council Tax legislation states that the serving of documents is based on balance of probabilities. This means that the courts are required to accept that documents have been served correctly as long as they were posted to the last known address … "

This concerns a council tax bill and e reminder which the Council claim they have sent which I have not received.

The council issued a summons which they have now withdrawn but have rejected my complaint and compensation claim. Unless they can show proof of postage I shall be taking the matter to the Ombudsman.

[charitynjw]

Posted on your other thread.

Hi

This may seem a bit of a strange question, but....
can you prove that those 2 letters were not delivered?

[D P Dance]

Yes I saw it, thank you. I am not a regular here and could not login in so posted as a guest. Please ignore the "Guest" thread.

[lgfa92]

"The council Tax legislation states that the serving of documents is based on balance of probabilities. This means that the courts are required to accept that documents have been served correctly as long as they were posted to the last known address … "

This concerns a council tax bill and e reminder which the Council claim they have sent which I have not received.

The council issued a summons which they have now withdrawn but have rejected my complaint and compensation claim. Unless they can show proof of postage I shall be taking the matter to the Ombudsman.

Council Tax legislation makes no reference to the balance of probabilities, it merely outlines that service is required and what that involves.

Service for council tax documents (pre summons) is organised via s233 of the Local Government Act 1972, as required by the Council Tax (Administration and Enforcement) Regs 1992.

s233 of the Act requires service to the last known address. s7 of the Interpretation Act provides the definition of service for these purposes.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

There is no need for the council to prove the documents have been received, only that service has been correctly carried out (delivery is assumed in law unless the contrary is shown). It would need to be demonstrated that the service was incomplete for a defence - in this case you'd need to demonstrate that the documents were not, the onus is on you to do so.

[charitynjw]

Council Tax legislation makes no reference to the balance of probabilities, it merely outlines that service is required and what that involves.

Service for council tax documents (pre summons) is organised via s233 of the Local Government Act 1972, as required under by the Council Tax (Administration and Enforcement) Regs 1992.

s233 of the Act requires service to the last known address. s7 of the Interpretation Act provide the definition of service for these purposes.

There is no need for the council to prove the documents have been received, only that service has been correctly carried out (delivery is assumed in law unless the contrary is shown). It would need to be demonstrated that the service was incomplete for a defence - in this case you'd need to demonstrate that the documents were not, the onus is on you to do so.

I said the same on the other thread, re s7
Only not so well!

[D P Dance]

Would a statement under oath to the effect that documents were not received suffice? Two months ago this council quoted to me as law legislation to amend the Housing Act which in fact had not been passed. I complained and the complaint was upheld.

[lgfa92]

If the summons has been withdrawn, what are you trying to achieve?

[D P Dance]

Obtaining an apology and a small amount of compensation, I am fed up with this incompetent council.

[lgfa92]

Very unlikely you will get any compensation, it's given only rarely. I'd doubt you'll get more than an apology, even if you do demonstrate an error on their part.

So far though there is nothing to show that the council have actually made a mistake, you'd need to show that before they'd apologise or pay any compensation, if they were that way minded.

[D P Dance]

Very unlikely you will get any compensation,

Not so unlikely, they have paid before..

[lgfa92]

Very unlikely you will get any compensation,

Not so unlikely, they have paid before..

A local authority themselves very rarely pays compensation out (in well over a decade of working in council tax I can think of maybe 1 or 2 cases). The LGO may suggest compensation but only in a small number of cases that they actually adjudicate in (and only after it has already gone all the way through the council compliant system).

As it stands you have not demonstrated that that council have failed in their duty - that needs to proven before the LGO would even consider finding in your favour. Only if then find in your favour will they possibly consider instructing compensation.

[D P Dance]

Thank you, it has gone through the complaints procedure. I think that they have failed, they think that they have not. It is now up to an adjudicator to decide.

FWIIW, I have won 3 CC cases, and successfully obtained compensation from Santander, NatWest, British Gas, two estate agents, an ex landlord, Amazon, Fiat, Orange and Royal Mail, my confidence is high.

[charitynjw]

Very unlikely you will get any compensation,

Not so unlikely, they have paid before..

Compensation?
Or was it ex gratia?