Help required for upper tribunal hearing,

[outlawlgo]

Re: Help required for upper tribunal hearing,

..You then quote guidance and a case (which was entirely unrelated) neither of which are statute (as had been pointed out by the ICO Decision, para 18)....

Just though it would be worth highlighting the case of Nicolson, R (on the application of) v Tottenham Magistrates. Particularly from paragraph 56.

An explanation as to why the guidance is an interpretation of the relevant Statutory Instrument is given in this LGO complaint, from paragraph 43.

[redleg]

Re: Help required for upper tribunal hearing,

All i wanted was the ICO to acknowledge that the council did not have the breakdown of costs or have the permission from the court the charge these costs.
That is all i require, the ICO to say that they do not have the authority (That they claim to have) or a breakdown of costs.
Anyway, i went well yesterday.
The ICO never turned up nor did the council, so i just have to wait for the judgment .

[redleg]

Re: Help required for upper tribunal hearing,

@Owtlawlgo :rockon:

[redleg]

Re: Help required for upper tribunal hearing,

You came on with a vague unparticularised request for help with the wrong tribunal.

You say that there was a "statutory obligation" to hold information and was asked to clarify where you believed that duty to arise.

You then quote guidance and a case (which was entirely unrelated) neither of which are statute (as had been pointed out by the ICO Decision, para 18) and start getting snippy with those trying to help you.

What do you expect of people freely giving of their time to try and help?

Good luck with your FTT hearing.

So it was clear that i needed help ..!
Not patronising..!

[Crazy council]

Re: Help required for upper tribunal hearing,

hi [MENTION=41068]redleg[/MENTION]

did you read them other bits that was pointed to,

If you want to see how they justified te costs, ask for the documentation they sent to the local court, each time they increased it, They dont really break it down properly, but tem documents give you the closest you get to a statement breakdown.

[Esio Trot]

Re: Help required for upper tribunal hearing,

Summarising the Robinson case Owtlawlgo referred to, the judge expected a council to have considered the costs of council tax collection - they should have the information if they are to submit a case to the magistrates court. If the council had no figures, a) it would be impossible for the council to have arrived at a court costs figure; and b) the magistrates court erred in signing off the level of fees without them being substantiated.

[redleg]

Re: Help required for upper tribunal hearing,

hi @redleg

did you read them other bits that was pointed to,

If you want to see how they justified te costs, ask for the documentation they sent to the local court, each time they increased it, They dont really break it down properly, but the documents give you the closest you get to a statement breakdown.

I have requested the documentation they rely on to charge these costs but when it all came out, the document doesn't exist and i have the FOI letter from the MOJ and also the clerk of the magistrates court has confirmed that "it would be very unlikely for the court the have agreed these costs".