Tenant not forwarding post.

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  • nukecad
    replied
    Originally posted by mariner View Post
    Isn't that 3 groups?
    See point iii)

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  • mariner
    replied
    Isn't that 3 groups?

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  • JohnJ80
    replied
    So I’m pretty much no chance going through a court ..?

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  • theartfullodger
    replied
    The world is split into two groups...

    a) Those who think anything is always someone else's fault & they should pay.
    2) Those who accept their responsibilities, sort them or pay up when things go wrong...
    iii) Those who can't count...

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  • islandgirl
    replied
    Yes that is true - though there is some discretion exercised in reality. Often with speeding the person immediately admits the offence after the SD and pays the original fine.

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  • Ted.E.Bear
    replied
    Yes, if you don't get the summons you could do a SD and get the conviction set aside. However, as the OP is almost certainly going to have a retrial and be found guilty anyway, this might be a bit pointless. In that regard, not receiving the summons hasn't actually made any difference.

    It's not directly relevant, but you would still be found guilty of a motoring offence (not speeding, but section 172 - failing to name the driver) if the reason you didn't get any paperwork was because you had failed to correctly notify the DVLA of a change of address.

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  • islandgirl
    replied
    If this was for example a speeding matter and within a certain time limit you could file a stat dec at the court to say you did not know about the case in time. This would put matters back to square one ie the speeding offence would still be "live" and you would be fined accordingly if guilt was admitted. I have no idea if you could file a statutory declaration for council tax matters...I have never come across one.

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  • jpkeates
    replied
    Originally posted by JohnJ80 View Post
    It’s not the council tax it’s more the court summons that I have been fined for.
    You could have been sent to prison, so look on the bright side.

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  • KTC
    replied
    It's not unheard of for council to issue a charge for unpaid council tax court summons without anyone ever actually seeing a copy of the summons. Like others said above, you can't prove the tenant ever received the letter you are alleging they should had but never forwarded on.

    Originally posted by JohnJ80 View Post
    It’s not the council tax it’s more the court summons that I have been fined for.
    The summons resulted from unpaid council tax, ergo the fine is ultimately from you not paying council tax which you are liable for on time (I'm assuming here since you haven't mentioned anything about challenging the liability assessment).

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  • JohnJ80
    replied
    scampicat,

    It’s not the council tax it’s more the court summons that I have been fined for.

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  • JK0
    replied
    I have yet to meet a tenant capable of re-addressing an envelope and putting it in a post box.

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  • scampicat
    replied
    Why do you not give the Council etc a correspondence address (i.e. your home address). That's what I have done. I have a flat with a management fee and missed the first payment of ground rent because the invoice had gone to the flat. So now everything just comes to my home address.

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  • mariner
    replied
    It is not Ts resp to forward YOUR mail free gratis.

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  • KTC
    replied
    Your loss ultimately arose from the failure to pay council tax on time for whatever reason, not the missed court summons so not from the action (or inaction) of the tenant.

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  • DPT57
    replied
    Tenants never forward mail and you have to visit frequently to collect it. It's one of the first laws of landlording

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