Non-Domestic Rating - Protocols for service of documents on the VO and by the VO
Introduction
a) This document covers service of the following where required:
- Regulation 17/31 notices
- Appellants Statement of Case
- VOs Statement of Case in reply
b) and, in each case, provides protocols covering:
- Time limits for service
- Service both by and on the VO
- The meaning of service
The provisions of this document are jointly agreed between the VOA and the relevant Professional Bodies representatives.
Data Security
Email is generally most parties preferred method for the transmission of documents, but it is the case that information sent over the Internet by email is not secure and is at risk of compromise by unauthorised interception. It is also vulnerable to addressing error or misdirection. Ratepayers or their professional representatives who wish to use email to communicate with the valuation officer (VO) must confirm that they have a clear understanding and acceptance of these risks and are content for the VOA to respond using email. That confirmation may be provided by completing, on behalf of the named professional representative company, the declaration at Appendix 1 (PDF 59Kb) and returning to the email address shown.
Professional representatives are reminded that, although this declaration will cover the routine exchange of information required for the purpose of dealing with all rating appeals proposals made by the named company, email email should not be used to convey any particularly sensitive data relating to their clients.
The VO will comply with relevant legal provisions relating to the disclosure and conveying of data. There will be instances where the VO may have to apply special measures in relation to the transfer of data as part of the service process; if applicable, these measures will be explained at the time.
Service by the VO on Appellants of Regulation 17 (England) and Regulation 31 (Wales) Notices
1. The time limits for service
Standard directions issued by the Valuation Tribunal currently require service by the VO, in England, to be no later than 8 weeks prior to the date of the hearing; in Wales regulations require service no later than 3 weeks prior to the date of the hearing.
2. The protocols for service by the VO
The VO is required to serve on all parties to the appeal (this does not include the VT). Where a party is represented, service will only be on the professional representative.
Service will generally be by email, where parties have advised that they wish to communicate in this way, to the email address provided in the declaration (or alternatively in the proposal), but otherwise will be by post, fax or hand to the address or fax number (generally for professional representatives), provided on the proposal.
VO emails containing Reg 17 / 31 notice will:
- Include in the subject line the VOA case number (shown on correspondence), prefaced by REG and followed by the property address.
- Include any parties references.
- Generally be of no more than 1MB in size.
3. What is meant by service?
Service means that the document is received in a legible form.
Service by post will assumed to have been achieved within two working days where first class post is used and four working days for second class.
Service by Appellants on the VO of Statements of Case (England only)
1. The time limits for service
Standard directions issued by the Valuation Tribunal currently require the Appellants Statement of Case to be served on both the VT and all other parties to the appeal, including the Respondent VO. Standard directions require service to be no later than 6 weeks prior to the date of the hearing.
2. The protocols for service on the VO
Statements of Case served on the VO should be an exact copy of that served on the Valuation Tribunal.
Service by hand, post or fax must be on any of the addresses / fax numbers published on the VOA website for the Valuation Officer responsible for the rating list in which the subject hereditament is shown.
However, service on the VO by email must only be to the Unit email address also shown on the VOA website.
Service on any other VOA email addresses will not be treated as service on the VO. This is because regulations require service on the statutory VO, who needs to ensure that formally served Statements of Case are properly recorded and acknowledged.
To achieve this, the VOA requires that emails containing Statements of Case should:
- Include in the subject line the VOA case number (shown on correspondence), prefaced by SOC and followed by the property address.
- Be of no more than 1MB in size.
These two requirements are recommended practice and service will not be treated as invalid if these requirements are not met. However, the VOA gives no undertaking that emails exceeding 1MB will actually be received and parties act at their own risk that such documents may not be properly served.
3. What is meant by service?
Service means that the document is received in a legible form.
Service by post will assumed to have been achieved within two working days where first class post is used and four working days for second class.
Service by the VO on Appellants of Statement of Case (Response) (England only)
1. The time limits for service
Standard directions issued by the Valuation Tribunal currently require service by the VO, in England, to be no later than 4 weeks prior to the date of the hearing.
2. The protocols for service by the VO
The Respondent VOs Statement of Case will be served on both the VT and all other parties to the appeal. Where a party is represented, service will only be on the professional representative.
Service will generally be by email - where parties have advised that they wish to communicate in this way - to the email address (if any) provided in the declaration or otherwise to the email address from which the Appellants Statement of Case was served. Alternatively service will be by post, fax or hand to the address or fax number (generally for professional representatives) provided in the Appellants Statement of Case or, if not provided, to the address provided on the proposal.
VO emails containing Statements of Case will:
- Include in the subject line the VOA case number (shown on correspondence), prefaced by SOC and followed by the property address.
- Include any parties references.
- Generally be of no more than 1MB in size.
The VOs Statement of Case will be an exact copy of that served on the Valuation Tribunal.
3. What is meant by service?
Service means that the document is received in a legible form.
Service by post will assumed to have been achieved within two working days where first class post is used and four working days for second class.
Service on the Valuation Tribunal
The VO will use the service details below, as appropriate:
By email to:
By fax to:
- 01302 321447 for Doncaster
- 0207 247 6598 for Whitechapel
By Post / Hand to:
VT Doncaster
Hepworth House
2 Trafford Court
Doncaster
Yorks
DN1 1PN
VT Whitechapel
Second Floor
Black Lion House
45 Whitechapel Road
London
E1 1DU
Appendix 1 - Non domestic rating appeals - service of documents declaration (PDF 59Kb)