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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 owner of a building plot in norfolk. In August last

Resolved Question:

I am the owner of a building plot in norfolk. In August last year there was a fire on the plot and I was seen by the Env Health. I receved a letter saying I was to be investigated under the Clean Air Act and was interviewed in October. I made no comment. I heard absolutely nothing until March 29th, 2015 when my son was told I was to be cautioned for the offence. I have received no communication re caution and heard nothing further. Is there a limitation on proceedings re this matter?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

I will let you carry on at present

thank you

Michael

Customer: replied 1 year ago.

I will await your reply

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
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Nicola
Customer: replied 1 year ago.

Do you think you can get a reply in due course or have we reached the end of the road? Willing to give it a few more days if you think you will be successfull.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What was the alleged offence please?
Customer: replied 1 year ago.

I have not been charged or summonsed. I received a letter on 07.08.14 notifying me that I might have permitted or caused an offence to be committed under S2 (Prohibition of dark smoke from industrial or trade premises) and S51 notification of offence. I was notified in April,2015 I was going to be cautioned for the offence. I have heard nothing since.

10 months seems to be an excessive amount of time to wait for this to be resolved and the case officer refuses to communicate. There surely must be a time limit.

Expert:  Ash replied 1 year ago.
In terms of the Clean Air Act (dark smoke) there is a limitation period of 6 months from the date of OFFENCE. Section 51 is how they notify you.
So in short they have 6 months from date of offence.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

I have not been charged or summonsed. I received a letter on 07.08.14 notifying me that I might have permitted or caused an offence to be committed under S2 (Prohibition of dark smoke from industrial or trade premises) and S51 notification of offence. I was notified in April,2015 I was going to be cautioned for the offence. I have heard nothing since.

10 months seems to be an excessive amount of time to wait for this to be resolved and the case officer refuses to communicate. There surely must be a time limit.

Expert:  Ash replied 1 year ago.
I agree. You dont have to accept a caution - they are out of time for any offence,
Its 6 months, for any action, thats it.
Does that clarify?
Alex
Customer: replied 1 year ago.

Does that mean they cannot now issue the caution?

Expert:  Ash replied 1 year ago.
Correct. Out of time.
Does that help?
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 1 year ago.

Thank you.

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex

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