Council Tax Valid Defences?

[jadesdaddy]

Hi Guys

I'm currently in a massive dispute with my council regarding council tax. I won't bore you with all the details but I really do need some help with this particular aspect.

One part of my argument concerns the way councils use their own staff in courts. In my part of the country the council use their own staff to tell you (before you see a magistrate) whether or not your defence is a valid one. If they say you do not have a defence then you do not get to see a magistrate, recently out of 91 people attending court not one was seen by a magistrate.

On the back of the summons it states that these are the only valid defences for not paying council tax:

1. You are not the liable person
2.The council tax and costs have been paid.

And other than the council not meeting legal requirements (sending out bills etc) there are no legal defences.

I'm disputing this as I believe that everybody's circumstances are different and that it is a magistrates place to decide what is and is not a valid defence based upon individual circumstance. Am I right and is there any law to back my argument?

Oh btw the council also state in their latest communication that it is NOT a conflict of interest to have their prosecutor advising people attending court as to whether or not they have a valid defence! Surely as the prosecutor a person employed by the council this must be a conflict of interest. Any legislation referring to this would also be very much appreciated.

Thank you
Kenny

[ploddertom]

Re: Council Tax Valid Defences?

To an extent the Council are correct. However it is everyones right to appear in front of the bench even if there arguments are wrong. The Magistrates are only allowed a yes or no answer. They are not allowed to take into consideration whether or not you can afford to pay. Liability Order Hearings are largely a rubber stamping exercise.