Appealing an Abatement Notice - Gas Safety check

[OneDrop]

Hi all

I have received an abatement notice, it isn't for noise but for access for a safety inspection. 

 

I'm going to appeal it but got a bit of a daft question first,

I'm just wondering if a County Court is the same as a Magistrate Court? 

 

I'm looking for a Magistrate Court to deliver my appeal notice to but my internet searches keep throwing up Courts with the name 'County' in and not 'Magistrate',

are they the same?   

 

Just want to be sure I'm not sending my appeal to the wrong place. 

 

Thanks

 

 

[dx100uk]

no its not criminal but a civil case..??

[OneDrop]

It's civil yes. 

So the notice says I can appeal to a Magistrates Court, just wondering if the County Court was the same thing?

[BazzaS]

They MAY be co-located, but are different courts.

Usually it is Magistrates = criminal, County = civil, but Magistrates do some civil work (such as appeals against refusal for a driving licence, for example)

If it says “appeal to Magistrates”, then the Magistrates bench it is!

[OneDrop]

Ah I see, OK yes it says Magistrates,

I have managed to find one at last so I'll send there. 

Thanks for your help. 

 

I would have thought this was a civil matter but actually I just noticed the letter is from the Crime Enforcement Division lol, (these people....who DO they think they are?) 

 

I'll send the appeal out next week and then wait for this silly notice to be quashed 

[BazzaS]

What grounds for appeal are you using?

 

Is this for a gas installation ‘safety check’!

In a leased property?

[OneDrop]

Yes, circumstances as you describe, appealing on several grounds,

 

1st being the issuance of the notice isn't justified,

2nd being the time given for 'compliance' is insufficient/unreasonable and

lastly the conditions which need to be satisfied to issue were never satisfied as they could not have been. 

 

I'm sending evidence too. 

The landlord has rushed to this course of action without checking their facts.  

I could just call them again now and make an appointment (apparently that will make the 'problem' go away) but I am annoyed at this threat of legal action against me when I haven't done anything wrong

 

so I'm going to fight them and teach them a lesson so that in future they act responsibly and don't misuse the court system and waste taxpayers' money. 

[BazzaS]

Do you have a gas boiler?

If so, and it has been serviced within the last year by a GASAFE registered gasman : they’ll have done a safety check.

 

If it hasn’t been serviced / certified, why wouldn’t you want it done?.

[OneDrop]

Exactly. 

Why wouldn't I want it done? 

It has had a repair done to it a month ago (not sure if that counts) but regardless, they're welcome to come and inspect it at anytime.

 

 Issuing an abatement notice makes it seem as if I have been obstructive but I've lived here for 11 years and I let them in every year so why wouldn't I now? 

 

That's what they need to answer, not me. 

I don't know why I've been served with this crap

[BazzaS]

Was that repair arranged by you or the LL?

by a GASAFE registered engineer?

[OneDrop]

I called the LL and they sent someone round. 

But I have a gas cooker that needs checking too and the last visit was only to repair the boiler

[AndyOrch]

From the day you receive your notice, you have 21 days in which to appeal to a magistrates’ court. It is advisable to consult a solicitor when making an appeal as this is a particularly technical and specialist area with specific statutory grounds of appeal. These grounds of appeal include;
 

Legal tests show that the issue is not a statutory nuisance

 

The notice being served incorrectly and/or to the wrong person

 

The notice is in any way defective

 

You have used the most feasible means to stop/reduce the nuisance

[BazzaS]

Has the abatement notice application been made by the LL or by Local Authority?

 

if the LA, have you had letters from them?

Engaged with them.’?