If you have received a Reminder or Final Notice but your business rates are still in arrears, 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 at least £55 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?

The Council has 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.

The following information tells you what will happen next and how you can stop the proceedings.


How can I stop the proceedings?

By making a full payment of the Business Rates and costs shown on the summons before the hearing date.

You should send your payment to the Council using the slip provided at the bottom of the summons. If you do this, the case will not be put to the Magistrates and you will not incur any further costs.


What if I have written to the Council about my summons and not had a reply by the hearing date?

The Council makes every effort to answer letters before the hearing but this is not always possible.

Even if you have written to the Council about your summons, they will still apply for a liability order for any amount left unpaid at the date of the hearing.


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

Contact the Council 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't pay in full?

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

The Court cannot discuss payment with you, or decide how much you have to pay.


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

Yes.

The Council will apply for a liability order as explained below under 'What Will Happen At The Hearing" and another £25.00 costs will be added to your liability.

However, the Council will take no further recovery action provided you make payment as agreed.


Do I need to attend court?

No. Only if you wish to put forward a defence against the summons.

Valid defences are: 

    - You are not liable for the period as stated on the demand notice. 
    - The Non Domestic Rate has not been demanded in accordance with the statutory regulations. 
    - The amount demanded has been paid in full. 
    - More than six 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.

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, the Council will ask the Magistrates to grant a 'liability order' for the amount unpaid plus a further £25.00 costs.

This will happen whether you attend Court or not.

This liability order allows the Council 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.

The Council will be able to help you with any questions you may have.

For more information contact us using the details below:

E-Mail: brates@waveney.gov.uk
Telephone: 01502 523280
Fax: 01502 523310
Post: Waveney District Council, Revenues and Benefits, PO Box 96, Lowestoft, NR32 1HW


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