5:25pm Monday 1st March 2010
By Liam Sloan
A GREAT-grandmother said her name was dragged through mud after she was mistakenly taken to court for not paying her council tax.
Ann Makepeace – who has fostered 58 children – only discovered she had been prosecuted in Didcot Magistrates’ Court when she received a letter from South Oxfordshire District Council demanding payment of £423 for council tax and £85 costs on her former home in West Croft, Berinsfield.
The council launched legal action despite the fact Ms Makepeace had moved out of the property in October and gets council tax benefit.
The 66-year-old had told the council of her move but an internal communication breakdown meant the council tax team kept charging her account.
Her court summons was sent to the old house and it was only when the letter following the court case was forwarded to her new home in Fane Drive that she discovered the mix-up.
Ms Makepeace said: “When I received the letter, I just could not believe it.
“I’ve never been treated like this before, and I have never been to court before.
“I felt like walking out of my bedsit and telling the council to shove it.”
Ms Makepeace, who has lived in Berinsfield for 30 years, said council officials told her they had not been notified of her change of address, despite their colleagues in the benefits team being aware of her move to another property.
She added: “The council just sent me another letter saying I have not got to pay any money or the court costs.
“Being listed in court blackens my name when I haven’t done anything wrong.
“I am still going to make a complaint about it.
“Never before in my life have I had any of these problems.”
After winning a liability order in court, SODC admitted it had made a mistake and has now wiped the record of her prosecution and bill.
SODC strategic director Steve Bishop said: “We have investigated the situation involving Ms Makepeace and can confirm there was an unfortunate, but rare, mix-up in communication between the benefits and council tax teams.
“We have offered Ms Makepeace our sincere apologies for any upset and inconvenience this has caused, and will look to see how it was handled from start to finish so it doesn't happen in the future.”
If council tax installments are not paid on time, councils have powers of recovery under the Local Government Finance Act.
Councils should send reminders to the resident, before applying to a magistrates’ court for a summons, instructing the person to appear.
The accused does not have to attend in person, but will be charged the costs of issuing the summons.
If magistrates grant the council a liability order, it gives them power to investigate the debtor’s finances and earnings, and use bailiffs to seize their property.
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