How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have received an undated notice of removal of a Paragraph

Resolved Question:

I have received an undated notice of removal of a Paragraph 19 Exemption under the Waste Management Licensing (Scotland) Regulations 2011. The Notice is duly signed but SEPA has omitted a date. I intend appealing the Notice but on perusal of the DPEA Appeal Form there is a requirement to provide a date for the Notice - the DPEA requires a date so that it can determine if the Appeal is submitted within the requisite 21 days of the said Notice -- is the Notice still legally valid?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did you appeal within 21 days of getting the notice?
Customer: replied 2 years ago.

I am in the process of making the Appeal and I noted that the Notice was unsigned. The date should have been 16/7/2015 making the Appeal due by 7/8/2015

Customer: replied 2 years ago.

Hi Alex

There appears to be a problem with the site suggesting that my email address already belongs to a member and I cannot understand this as I have never used the service before.

I already tried to reply to your query that the 21 days notice for the Appeal does not expire until the 5th August 2015 so I have 8 days left to Appeal.

Expert:  Ash replied 2 years ago.
Is the notice invalid because it is not dated - No.
You had the notice and you accept that. If it was invalid because it was not dated then they would just serve a new one, you would appeal and be back to the same position.
Therefore it does not make it invalid.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex

The DPEA require a copy of the Notice to cross check that the Appeal is submitted within the requisite 21 days. Without a date how can they verify that our Appeal is valid. I understand completely that SEPA can issue a new Notice and therefore this would give me additional time to complete my research into Licence revocations under English Law as there are no examples available under the Scottish System. Accordingly I would not be back in the same position as I would have additional time available for research. regards ***** *****

Expert:  Ash replied 2 years ago.
You can challenge it on the basis it is not dated. But the Court may take the view it is 21 days from the date you received it, so if that is the case the clock would not start ticking until then.
So the Court will either uphold the appeal or say 21 days started from when you received the notice. Clearly if you are appealing, you had the notice.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already 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
Customer: replied 2 years ago.

Hi Alex

Thanks for your advice. I contacted SEPA and they are to re-issue their Notice. I understand that I am back to square 1 but it gives me more time to research revocations of licences in England as there are no examples on the DPEA website. Sorry for the delay in rating your service but there seemed to be a problem with your web-site. I contacted your customer support and the issue of refusing to accept my e-mail address has been resolved.

Brian