An elderly couple say they would rather go to jail than pay the part of their council tax used to fund the 2012 Olympics.

Pensioners Tom and Rita Glenister, of Darlands Drive, Barnet, have refused to pay the annual £33.33 Olympic precept on their council tax for two years because they believe it is unfair that Londoners are being asked to bear the cost.

They have now been summoned to appear at Hendon Magistrates Court on September 16 to pay the money they owe.

But the couple, who have lived in London since their marriage in 1956, say they will not obey a court order to pay the overdue amount and are willing to go to jail if necessary.

Mr Glenister, 76, said: “It’s not the money, it’s the principle. We gave the money we saved to the son of a friend to have a few drinks before going out to serve in Afghanistan. We just don’t think we should be the only ones paying out.

“In his letter to us Ken Livingstone says it will improve housing and games facilities in the capital, but I already have a house, and what the devil would a 76-year-old want to do with a new sports stadium?”

Mrs Glenister, 74, added: “The Prime Minister has said it is the nation’s Olympics. Why, then, is it Londoners who have to bear the brunt?

“If we have to go to jail, so be it. At least there we’ll get three meals a day. We’ve been told we’ll get a criminal record, but we’re not going for any jobs now anyway.

“We’re all for the law, but we’re even more for justice.”

The Olympic budget is £9.3 billion, of which £650m will come from London council tax payers, with around £30m from Barnet alone.

Mayor of London Boris Johnson defended the tax, arguing that Londoners would benefit from the Olympics.

He said: “As a result of the London Games not only will a huge area of east London be transformed into a vibrant new quarter, but the whole of London will see the arrival of thousands of new homes as well as new employment, training and sporting opportunities that will benefit the capital for generations to come.”

Barnet Council leader Mike Freer said: “None of us can choose which part of council tax we can pay or not pay.

“Should residents with no surviving parents be able to withhold the adult social services element? And what about single residents or those without children? Should they be able to withhold the education element?”