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.
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 cannot pay in full?
We can discuss payment with you at any time before the
hearing and we 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. You only need to attend 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 several
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: