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Council tax summons

Recovery of Council Tax and Costs | Recovery of National Non Domestic Rates and Costs

WILTSHIRE MAGISTRATES' COURT SERVICE
NOTICE TO PERSON SUMMONSED TO COURT IN RESPECT OF THE COUNCIL TAX APPLICATION FOR A LIABILITY ORDER

The summons set for this hearing is a notice to you that the Salisbury District Council is asking the Justices to make a Liability Order in your case. A notice explaining the meaning of a Liability Order is enclosed.

If the Salisbury District Council can satisfy the Justice that:-

1. You are the occupier of a dwelling and liable to pay Council Tax.
2. The Council have properly fixed the amount of the charge.
3. Demands have been sent in accordance with the law.
4. Payment has not been made.

The Justices are obliged by the law to make the order unless you show that:-

1. The dwelling is exempt for the Council Tax purposes.
2. You are not the liable person during that period.
3. That the order is based on joint liability, which does not exist.
4. You have a good reason to ask that the hearing be adjourned (e.g. a discount has not been awarded).

The amount of Council Tax is determined by the amount of the charge fixed by the Salisbury District Council and the property band based on the valuation of your property set by the Listing Officer of the District Valuers' Office. Ordinarily the Justices are not permitted to consider whether either of these figures are appropriate. Your rights of appeal in respect of such issued would either be the High Court or in relation to valuation to the Valuation Tribunal, Winchester (01962 854 669).

You should consult a solicitor regarding any appeal to the High Court.

THE COURT IS NOT ALLOWED TO MAKE ANY ALLOWANCE FOR INABILITY TO PAY(that might be relevant at a later hearing). THE COURT WILL NOT ALLOW THE PROCEEDINGS TO BE USED AS A PLATFORM TO AIR COMPLAINTS OR POLITICAL VIEWS.

THE JUSTICES AND MY STAFF WILL ASSIST YOU WITH THE PROCEDURE OR YOU MAY WISH TO SEEK THE ADVICE OF A SOLICITOR - A COURT DUTY SOLICITOR IS AVAILABLE. PLEASE ASK THE USHER IF YOU WISH TO SPEAK TO THE DUTY SOLICITOR.

I hope this leaflet is of assistance to you. If you accept that the Court is required to make the Liability Order, but you need to negotiate the matter of payment you do not need to attend the hearing. It may assist you to speak to staff from the Salisbury District Council to sort out any problems you may have. It would be better to do that before the hearing. IF YOU INTEND TO ATTEND THE HEARING, PLEASE GIVE YOUR NAME TO THE USHER WHEN YOU ARRIVE. THANK YOU.

Justices Chief Executive