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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the director of a skip company and the council have sent

Resolved Question:

I am the director of a skip company and the council have sent me a summons regarding skips unlawfully placed on the road. They're argument is that we didn't give 7 days notice on the skip permit applications. However we have had past skip licences and other companies skip permits from the same council showing the head manager of permits, backdating permits without the required 7 days notice and granting the licences straight away. We also have licenses showing skips had been granted in the past by the manager with only 1 days notice . Do you believe we would have enough evidence to get a summons withdrawn?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Did they ever ask you to regularise the position in writing please?
Customer:

No they did not.

Customer:

we received no fine or anything, we just received a summons.

Alex Watts : Ok. Did you apply for a permit for the ones in queation?
Alex Watts : & queation?
Alex Watts : @ question? @
Customer:

Some of them we did, some of them we didn't - we accept that though. We were concerned that the skip licences we tried to send over were rejected because we didn't give 7 days notice (which we weren't aware off ) when a week prior they granted a permit for the day after the skip had been dropped. The head of the permit department has signed all of these and then emailed myself claiming my company that the council has never accepted skip permit applications without a 7 day notice period.
He even emailed us a skip permit for another company (by accident) that had been granted by himself a day after the skip had already been dropped! This shows he did not follow council regulations regarding a 7 days notice period. He has also accepted permits from us in the past on a regular occurrence without 7 days notice and we have never had a query. In the summons they have pictures of our skips without dates or times apparently illegally on the road. Would this stand in court?

Alex Watts : So any of the ones they are claiming you did not apply for a permit? You seem to agree that there were some?
Customer:

They have no evidence that the skips in question were placed on the road illegally as none of their pictures have a time or a date. We have looked back at our jobs and discovered that the skips that they are charging us for on our system didn't require a permit. The permits we did try and get were for some of the skips in question yet they rejected them because we didn't give them 7 days notice. When in the past they never queried this and would grant permits the same day or the day after the skip was already on the road without notifying us of this 7 day notice period.

Alex Watts : Do you have evicence you applied to the skips permit?
Alex Watts : But the skips in question, were there any that you did not apply for a permit for?
Customer:

yes, we have the scanned copies of skip permits which we applied for yet were rejected for this 'imaginary 7 days notice' these were some of the skips that were in question. On our system some of the addresses which they have charged us for. We have no knowledge or history of skips being placed there. So we don't know where they have come from.

Alex Watts : So just to be clear there are no skips without permits or permits applied for?
Customer:

correct

Alex Watts :

Ok - then you have nothing to worry about

Alex Watts :

If they have let you apply for permits on a retrospective basis then you can raise that

Alex Watts :

If it is something they should not have been doing then they should have stopped it

Alex Watts :

If they can't prove the ones there were yours or they did not have any retrospective permits then there is no offence.

Alex Watts :

You do need to get a Solicitor to write to them and turn up at Court and make representations

Alex Watts :

It is better it is thrown out at an early stage rather than be forced to go to trial

Alex Watts :

But if they have accepted permit applications on a retrospective basis, they can not have their cake and eat it

Alex Watts :

Can I clarify anything for you about this today please?

Customer: That's perfect, thank you very much. This case has caused me a lot of stress!
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