Council tax liability order application fee is £3
It is the practice of councils to charge "costs" of more than £125 for a council tax liability order and £220 for business rates. This practice was reviewed in the case of Nicolson, R (on the application of) v Tottenham Magistrates & Anor [2015] EWHC 1252 (Admin) which required magistrates to provide details as to what costs were comprised in the £125 (the council's liability order costs) and how that figure was calculated.
The law states that the statutory fee for each liability order applied for is £3, as provided in Schedule 1(5) of the Magistrates’ Courts Fees Order 2008. If the council is unable to prove its disbursements in connection with the application, any sum over £3 is recoverable. See Paragraph 61 of the judgment.
You can reclaim them using this template letter to the council and the attached example Form N1 claim particulars.
Ask the council to pay back the liability order costs, less the statutory £3.
