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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are seeking your assistance with an invalid enforcement

Resolved Question:

We are seeking your assistance with an invalid enforcement notice that was served on us but never received by us. Please see below for details.
We received a hand delivered summon on the 10th June 2014 to attend a Magistrate court on the 11th June 2014.
We attended the court to find out we were being prosecuted for a breach of planning that never took place at one of our property namely 43.
The prosecution were then ordered to give us a bundle and court was adjourned.
We contacted the legal team at Newnham but the promised prosecution bundle never materialised and we attended 6th August 2014 and informed the magistrates of the situations. The court was adjourned once again and court gave us a copy of the bundle which now attached.
The court is now adjourned until 3rd September 2014 during which we will be expected to enter a plea.
The issues that we have are :
1) We were never served with the original enforcement notice.
2) We had never received any Enforcement Notice as we had moved out of the address 261A High Road in the year 2009 and Newham Council's Legal team is well aware of that as they had prosecuted us on on other property in the past. Their record clearly shows that we no longer live at the address that they served the papers on.
2) If one was to look deep into the papers you will note that the Enforcement Notice itself ( Page 11 of the attached bundle ) and subsequently in the witness statement of Planning Officer : Stephen Bruce Lytton Pavett , Page 7 of the attached bundle served on assumption, in other words before serving the original enforcement notice the Planning officers had never visited the property and there is no evidence of that.
3) There is no evidence at all that this property was ever converted into 3 flats. These are all based on assumptions.
Question: Can planning officers allowed to serve enforcement notice based on assumption and in which case is the enforcement notice itself valid? if it is not valid how do we go about challenging that?
4) The photographs submitted in the prosecution bundle are not of the subject property except the photos of the front door. We do not recognise any of the other photographs. They do not belong to this property.
Questions: How do we go about challenging that?
Can you assist us with this and how. What will be your cost of the same.
We have only kept the matter brief just to give you a snapshot of the issues that we are facing but the details can be provided on requests.
We look forward to hearing from you very soon.
Best regards
Kamal
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is***** and I'm happy to help with your question today.
We cannot represent you at court in this matter but can answer your questions online.
In short:
1. You deny receiving the enforcement notice
2. Have not acted in the manner alleged
3. There are evidential problems with the local authority's case
Is this correct?
Customer: replied 2 years ago.

Dear Alex

Thanks for your prompt reply. If we may ask what is your expertise in this field?

1. It is not that we are denying receving the enforcmenet notice, we had never received. When we attended the Magistrate for the first time on 11th June 2014 we had asked the magistrate to adjourn the matter as at that stage the only thing we had received was the summons. The magistrate initilay refused but after much persuation we had requested the court to look into the notice and how it was served. It transpired that the Prosecution had sent the enforcement Notice by recorded delivery post. It is at this stage i had asked the the court to check with the royal Mails tracking facility on line to check if the Notice was delivered or not. The magistracy initially refused BUT the clerk intervened and said " the defedant MUST be given the benefit of the doubt". The Court then adjourned while the Clerk checked the recorded delivery slip on line. It had transpired that the Original Enforcement was returned to the send undelivered. The court then agreed to adjourn.

2. (A) The Enforcement officers had never visited the property before serving the Notice. In other words they had no evidence that the property were indeed 3 flats at the time when the enforcement notice was served. The enforcement notice assumed that there were 3 flats and just served an enforcement notice.

2 (b) - The photographs submitted in the trial bundle - except the front door photos do not match with any parts of the property. On other words they werent from the*****

3. Absolutely - there were no evidence before when they say the breach had taken place and now the photos submitted purported to be during an compliance visit do not match to be of the property. If you look closely in evidence submitted - they still do not have evidence that this property to be of 3 flats. They just submitted some photographs of doors claiming to be inside there are flats and yet there is no photos of the flats except photos of the same kitchen twice and there no photos of the 3rd kitchen.

We look forward to hearing from you soon.

Expert:  Alice H replied 2 years ago.
I specialise in criminal litigation and have dealt with numerous enforcement notice cases.
So, the allegation in the enforcement notice is untrue?
Customer: replied 2 years ago.

Dear Alex

Is to a large extent yes except of course those photographs of the front of the property

Expert:  Alice H replied 2 years ago.
Understood. Are you able to attach the case summary and photos? I can then give you a more detailed opinion. You can attach a PDF using the chain link logo in the tool bar.
Customer: replied 2 years ago.

FAO: Alex Hughes

Dear Alex

I'm unable to click on the chain link as it is not active on the tool bar. Is there any other way I could perhaps email the documents over to you. I have the whole thing scanned in my system.

Look forward to hearing from you soon.

regards

Ahmed

Customer: replied 2 years ago.

Dear Alex

I cant seem to load the PDF. Is there any alternative email address where I could send the docs requested.

Hope to hear from you soon.

Kind regards

Kamal

Expert:  Alice H replied 2 years ago.
Yes, you can email them to***@******.*** marked for my attention.
Customer: replied 2 years ago.

Dear Alex

The email at : *****@******.*** comes back undelivered with the following message. Do you have alternative email or kindly check the email address again.

This is an SMTP server at asp.reflexion.net

Your message could not be delivered to the following address: <*****@******.***>

Kind regards

Kamal

Expert:  Alice H replied 2 years ago.
Good morning
I'm sorry for the problem with the email address. It should be***@******.***
But it seems that if you dispute this case you must indicate a not guilty plea and have the case adjourned to a new date for trial.
You are disputing a number of facts: the service of the enforcement notice, the matters giving rise to the breach and the basis in which a prosecution is sought.
The local authority has the burden of proving this case against you beyond a reasonable doubt. If there are evidential problems with their case then you may be able to argue that there is no case to answer.
The authority has to prove all the elements of the offence so that the court is sure that you committed the offence. As things stand it seems that they may have difficulty doing this.
I am happy yo have a look at the case summary and photos if you e-mail them for my attention. Please let me know when you have done so.
Alex
Customer: replied 2 years ago.

Dear Alex

I have just sent the Documents as requested.

Will look forward to your reply soon.

best Regards

Kamal

Customer: replied 2 years ago.

Dear Alex

It come returned and not delivered again : *****@******.*** the following message :

Your message could not be delivered to the following address: *****@******.***

There's seems to be a problem with your system. Is there an alternative email address that I could send these docs to please.

Regards

Kamal

Expert:  Alice H replied 2 years ago.
Hi
Thank you for letting me know. Both e-mail addresses have confirmed as being accurate.
I am not allows to give my e-mail address as all work has to be via this website. I will see if customer services can provide any additional help.
Alex
Customer: replied 2 years ago.

Thanks. But the "chain" sign on this website doesn't work, perhaps they should look into this and sort it out so that I could simply upload it on your system.

Thanks

Customer: replied 2 years ago.

Dear Alex

Your answers were very patchy, something I wasn't expecting from an expert like you. I needed directional answers as to what grounds if any I have.

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What else do you want to know please?
Customer: replied 2 years ago.

We are seeking your assistance with an invalid enforcement notice that was served on us but never received by us. Please see below for details.

We received a hand delivered summon on the 10th June 2014 to attend a Magistrate court on the 11th June 2014.

We attended the court to find out we were being prosecuted for a breach of planning that never took place at one of our property namely 43.

The prosecution were then ordered to give us a bundle and court was adjourned.

We contacted the legal team at Newnham but the promised prosecution bundle never materialised and we attended 6th August 2014 and informed the magistrates of the situations. The court was adjourned once again and court gave us a copy of the bundle which now attached.

The court is now adjourned until 3rd September 2014 during which we will be expected to enter a plea.

The issues that we have are :

1) We were never served with the original enforcement notice.

2) We had never received any Enforcement Notice as we had moved out of the address 261A High Road in the year 2009 and Newham Council's Legal team is well aware of that as they had prosecuted us on on other property in the past. Their record clearly shows that we no longer live at the address that they served the papers on.

2) If one was to look deep into the papers you will note that the Enforcement Notice itself ( Page 11 of the attached bundle ) and subsequently in the witness statement of Planning Officer : Stephen Bruce Lytton Pavett , Page 7 of the attached bundle served on assumption, in other words before serving the original enforcement notice the Planning officers had never visited the property and there is no evidence of that.

3) There is no evidence at all that this property was ever converted into 3 flats. These are all based on assumptions.

Question: Can planning officers allowed to serve enforcement notice based on assumption and in which case is the enforcement notice itself valid? if it is not valid how do we go about challenging that?

4) The photographs submitted in the prosecution bundle are not of the subject property except the photos of the front door. We do not recognise any of the other photographs. They do not belong to this property.

Questions: How do we go about challenging that?

Can you assist us with this and how. What will be your cost of the same.

We have only kept the matter brief just to give you a snapshot of the issues that we are facing but the details can be provided on requests.

We look forward to hearing from you very soon.

Best regards

Kamal

Expert:  Ash replied 2 years ago.
How did they serve the notice please?
Customer: replied 2 years ago.

Dear Sirs

The initial enforcement notice was served by post or at least that's what they claimed. When challenged at the Magistrate hearing during the first hearing back in 11th June 2014. The clerk had checked the recorded delivery slip and it was confirmed that the notice was returned back to them "undelivered".

The summons sent tot the address of 261A High Road also been returned to them "undelivered" by the royal Mail. The only summon we had received was the hand delivered one on the 10th June 2014 ( the very first summons) - posted through the letter box of the subject property -*****not at the alleged our address.

Expert:  Ash replied 2 years ago.
Ok. What is the offence and act you are charged with?
Customer: replied 2 years ago.

Breach of Planning and failure to comply an enforcement Notice contrary to section 179 (2) of the town and Country Planning Act 1990.

Expert:  Ash replied 2 years ago.
You have a defence. This is because in uk law you must have the mental element as well a the act.
If you did not know about the notice then you could not have been expected to comply with it. Here you have the notice which has been returned as undelivered.
Therefore you could not have known about it.
If you did not know about it you could not comply with it.
This is therefore your defence.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

But the undelivered aspect was only said verbally by the clerk during the followings:

When we attended the Magistrate for the first time on 11th June 2014 we had asked the magistrate to adjourn the matter as at that stage the only thing we had received was the summons. The magistrate initilay refused but after much persuation we had requested the court to look into the notice and how it was served. It transpired that the Prosecution had sent the enforcement Notice by recorded delivery post. It is at this stage i had asked the the court to check with the royal Mails tracking facility on line to check if the Notice was delivered or not. The magistracy initially refused BUT the clerk intervened and said " the defedant MUST be given the benefit of the doubt". The Court then adjourned while the Clerk checked the recorded delivery slip on line. It had transpired that the Original Enforcement was returned to the send undelivered. The court then agreed to adjourn.

But the problem is we do not have any proof or the copy of the recorded delivery slip ourselves in order for us to prove our claim. It was only said to us by the clerk based on which the magistrate agreed to adjourn the trial.

Expert:  Ash replied 2 years ago.
You need to ask the Prosecution for disclosure. The prosecution should have everything and this should be disclosed and it certainly will be if there is a trial.
Alex

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