england-and-wales rules-of-court
When is a summons considered served in England if it was sent by second class post?
<p>If sent a court summons by one's local council, when is the summons considered served if it was sent by second class post?</p>
<p><strong>Background</strong></p>
<p>I queried a council tax bill as directed to by the council, but got a (non-favourable) decision. On the same day I received the decision I also received a court summons, which I am able to avoid if I pay the 'outstanding' council tax <strong>plus</strong> the court costs. The summons was sent by second class post and is dated 26th April, today being the 28th. I thought summons had to be sent first class post, and I can't find any information on when a summons sent by second class post would be deemed served.</p>

<p><strong>When is a summons considered served in England if it was sent by second class post?</strong></p>
<p>Three business days after the date of posting.</p>
<p>See the <a href="https://www.legislation.gov.uk/uksi/2019/1367/article/8/made" rel="nofollow noreferrer">1999 Amendments</a> to Rule 99 of the <a href="https://www.legislation.gov.uk/uksi/1981/552/contents/made" rel="nofollow noreferrer">Magistrates’ Courts Rules 1981</a> which makes no mention of the class of postage, only the relevant timeframe:</p>
<blockquote>
<p>(1) [...] a summons requiring a person to appear before a magistrates’ court may be served by—</p>
<p>[...]</p>
<ul>
<li>(b) posting it to the person at an address where it is reasonably believed that the person will receive it...</li>
</ul>
<p>[...]</p>
<p>(4) A summons served in accordance with paragraph (1) shall be deemed to have been received by the person—</p>
<p>[...]</p>
<ul>
<li>(d) [...] <strong>three business days after it was posted</strong> [...] in accordance with paragraph (1)(b)...</li>
</ul>
<p>[<em>non-relevant details omitted</em>]</p>
</blockquote>
<p>Note that by picking a random council from Google, Oxford's <a href="https://www.google.co.uk/url?sa=t&amp;source=web&amp;rct=j&amp;url=https://www.oxford.gov.uk/download/downloads/id/445/council_tax_debt_recovery_procedure.pdf&amp;ved=2ahUKEwjf2tHMgLf3AhXUQkEAHaApBuIQFnoECAUQAQ&amp;usg=AOvVaw0FWzxIi6B2rResrt80PCxy" rel="nofollow noreferrer">Council Tax Debt Recovery Procedure</a> which says:</p>
<blockquote>
<p>The summons will normally be served by second class post.</p>
</blockquote>
<p>It is entirely likely that this is the national norm, but all other local councils may be found via the <a href="https://www.gov.uk/find-local-council" rel="nofollow noreferrer">dot.gov</a> website, in case one would like to check specific policies for their own locality.</p>
