Is this statement true please

[Guest]

"The Council Tax Legislation is based on balance of probability this means that the courts are required to accept that the documents have been served correctly".

MUI that, unless a letter has been signed for, or the sender can show a Certificate of Posting, this cannot be taken for granted and that no such requirement falls to the court.

The circumstances are that I received a summons for non-payment of Council tax on an empty property I own. The council claim that I was sent an original bill and a reminder, neither of which I received. They have now cancelled the summons and the penalty but have rejected my complaint and have refused compensating me.

[charitynjw]

Hi

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

[D P Dance]

Hi

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

Please ignore that post, I have reposted it under my own name elsewhere.

reply to charity, no it is almost impossible to prove a negative.

[charitynjw]

Please ignore that post, I have reposted it under my own name elsewhere.

reply to charity, no it is almost impossible to prove a negative.

Agreed.

7 References to service by post.

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.

https://www.legislation.gov.uk/ukpga/1978/30/section/7

This, in conjunction with a brief description of the method used by companies, local authorities etc is usually accepted to satisfy their 'balance of probablity' burden of proof.
Your burden would probably be the highlighted bit.