Council tax legality and freeman on the land
Contents
- Freeman on the land
- Liability appeal
- The law and council tax recovery
- Council tax legislation
The law and council tax recovery
Anyone who withholds payment will have recovery action taken against them.
In the event of recovery action being taken, a wet ink signature is not mandatory on a court summons. Previous case law has clarified that the use of a rubber stamp or electronic signature are both valid for the purpose of the court signing a summons.
Following the Magistrates’ Court Hearing at which Liability Orders are granted, a full list of those granted is produced. The list contains the names and addresses of those charge payers against whom an order was granted together with the amount they owe. This list is produced electronically, and an electronic copy is kept by both us and the Magistrates’ Court in which the orders were granted.
The granting of a Liability Order is a legal process and is not a document and as such cannot be evidenced in the form of a document.
Very occasionally we get people that have been convinced that using an archaic law means they don’t have to pay council tax and there are many misleading articles and templates on the internet regarding the legality of council tax.
Anyone drawing on these for advice should exercise caution and seek proper legal advice before using them as a defence in court against council tax liability based on contract, consent and common law.
If you have a dispute regarding the granting of a Liability Order against you, then you need to take this up with the Magistrates’ Court. You will need to explain why you feel we have not followed the correct process and then apply for your liability order to be set aside.
Last updated 26 April 2023