Business Rates

Summonses

If you fail to pay a reminder or final notice the Council will take further recovery action to obtain the money due.

This is done through the Magistrates Court and you will be sent a Summons that will tell you how much money you owe and when the hearing will be. You will be charged costs of £55.00 for the issue of the summons.

Below you will find a set of Frequently Asked Questions ( FAQ ) relating to summonses and the court hearing.

Why have you sent me a summons?

We have sent you a summons because you have not paid your Business Rates on the due dates. This means that you lose the right to pay by instalments.

How can I stop the proceedings?

Proceedings will be stopped if you make a full payment of the Business Rates and costs shown on the summons before the hearing date. If you do this, the case will not be put to the Magistrates and you will not incur any further costs.

What if I think the amount shown on the summons is wrong?

Contact us before the court hearing date. The court cannot answer any questions you may have about the amount of the Summons, or whether you should be getting a reduction.

What if I can not pay in full?

Our staff can discuss payment with you at any time before the hearing and they may allow you time to pay depending on your circumstances.

Will I still have to pay additional costs if I make an arrangement to pay before the hearing?

Yes, we will still apply for a Liability Order as explained below under 'What Will Happen at the Hearing' and a further £3.00 costs will be added to your account. However, we will take no further recovery action if you make payment as agreed.

Do I need to attend court?

No. Only if you wish to put forward a defence against the issue of a liability order.

Valid defences are:

  • You are not liable for the period shown on the bill
  • The Non-Domestic Rate has not been demanded in accordance with the statutory regulations
  • The amount demanded has been paid in full
  • More than 6 years has elapsed since the day on which the charge became due
  • Bankruptcy (including Individual Voluntary Arrangements) receivership or winding up proceedings have been initiated (link to bankruptcy page)

If you decide to attend court, you may have to wait up to 3 hours before your case is dealt with.

What will happen at the hearing?

If you have not paid your summons in full, including the costs, we will ask the Magistrates to grant a 'liability order' for the amount unpaid plus further costs. This will happen whether you attend court or not.

The liability order allows us to take further action to recover the unpaid balance, including any costs.

Will the Magistrates decide how much I can pay?

No. The Magistrates will only decide whether or not to grant a liability order.

What if I have any other queries?

Please do not write to the court. The court cannot help you with any enquiries about your Business Rates. We will be able to help you with any questions you may have. Contact us for more information.

The liability order gives us the following powers:

  • The power to instruct bailiffs to collect the debt;
  • The power to commence insolvency proceedings through the County Court for your personal bankruptcy or corporate liquidation (link to more information on bankruptcy and liquidation);
  • The power to seek your committal to prison.

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