A MAN has won his battle with Pendle Council over council tax charges on his business premises after he was made bankrupt.
The authority said that Chris Taylor, 57, of Cotton Tree Lane, in Colne, had not vacated his former business premises, Redscar Works, in Burnley Road, after he was declared bankrupt in August 2000 and was therefore liable for a £1,776 tax bill.
But, after a four-hour hearing at Reedley Magistrates' Court yesterday, District Judge Jenkins ruled that the council had not provided enough evidence to prove that Mr Taylor was still in occupancy at the property.
Speaking after the hearing, Mr Taylor said: "I cannot understand why we had to go to court over this. The authority was made aware of my circumstances over a year ago, we had meetings with them.
"This has not been an easy time for me, I am not in the best of health. I am going to take this further to get some redress from the council, but this is something I will have to take some advice on."
During the hearing Susan England, from Pendle Council, told the court that council officers inspected the property after being notified of Mr Taylor's bankruptcy. She said: "Following the inspection we found Mr Taylor to still be in occupation of the premises at that time. Further inspections have not satisfied the authority that the premises had been completely vacated."
Mrs England argued that equipment left in the building suggested that it was still being used for storage by the defendant and was therefore deemed to be occupied. However, under the law, plant equipment and machinery can be left behind without the building being considered to be still occupied.
District Judge Jenkins said: "In these circumstances it is right for me to stop this hearing at this stage. I am not going to be in a position to say that I am satisfied that Mr Taylor was in occupancy. His bankruptcy weighs in that regard as well. It would be entirely impossible to be satisfied and the liability orders are not made."
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