On Friday the following exchange took place:
"3 February 2012 15:07, Kelly Parry wrote:It will be with regret (not) that I shall be emailing this lady again to advise that the food bin, which should have been collected on Thursday and which, following a telephone call late Thursday, was promised for collection by 17:30 Friday, was not. As any Council Tax is now not due to be paid until April, the sum of £5.00 will be deducted from that first payment; whilst politely pointing out that I am doing my best to make it worthwhile for them to take me to court.
Dear Mr Phipps,
Thank you for your e-mail dated 23 January 2012 in reference to the overdue balance letter you have received.
I refer to past e-mails sent by Mandy Fathers where it was explained that as a Local Authority, West Oxfordshire District Council have a duty to ensure all local taxation is collected in full and whilst we appreciate your concerns regarding the local services provided we do not find it acceptable that you make deductions from the amount of Council Tax to be paid. I would remind you that an amount of £10.00 is outstanding on your account and if this is not paid further recovery action is likely to occur.
Kind regards,
3 February 2012 15:13
Dear Ms. Parry,
Thank you for your email of today.
West Oxfordshire District Council may well have a duty to ensure all local taxation is collected - they also have a duty to ensure that all local services, for which they are responsible, are delivered.
While your concerns are appreciated, I do not find it acceptable that I should be forced to pay for a service that has not been delivered.
Kind regards"
Updates as and when...........
Afterthought: Anyway it would appear that rubbish collection is free, according to a former minister for climate change, biodiversity and waste.
7 comments:
Food bin? Oh dear, they've got the AGW badly then?
Don't they have to respond to Writ of Mandamus ?
An interesting question there that should be tested in court. Under the old system of rates if you did not receive a service other householders did you could claim a reduction. Under the current water suppliers regulations if you do not discharge surface water or waste into a sewer you can get a reduction, although letters have recently being going out to people with septic tanks or cess pits demanding information, a practice that usually eventuates in some kind of cost.
Without trawling through the legislation it is certainly arguable that a council tax reduction should apply if you are not receiving a service or compensation for periods that service is not provided.
DP: Yup, but at the moment it is voluntary usage - mine goes in general waste. Note the use of voluntary though........
TT: Thanks for that - extremely interesting and relevant if I ever get to court.....
PC: Yes, I do know about the surface water thingy and have just got my HA to apply thus saving us £s on the service charge. Councils do have a statutory duty to collect waste and the interesting this is the quote.....
Supply of Goods & Services Act 1982
TT: Thanks again - one that I had yet to consider!
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