planning enforcement magistrates court summons (need urgent guidance)

[freddiemercurystwin]

But on the plus side, no need for the lube!

 

[tony1851]

But £8K is surely a bit much for ignoring an enforcement notice, when muggers, housebreakers and conmen preying on the old get
a slapped wrist and told not to be naughty again.......?

 

[angelboy]

Ouch! I think burying your head in the sand might not have been the preferred strategy but I do think £8k is pretty stiff.

 

[jayb1970]

I did hold my hands up and said to the court i am guilty to the offence and would like to resolve this issue with the council maybe with a revised plan etc,

I did forward a case of mitigation my fathers illness that stopped us in doing any work on the building, as it was him that did not want to get any work done on the extension. And insisted in all issues.

Because the house was on joint names , me and my wife names, they have fined us £4200 each inc costs of the court, total of £8400, which is extortionate, and yes the enforcement still carrys on so they said.

Can i actually appeal this decision? As every one ive spoken too are saying the fine are way to harsh.

If i can appeal how and where will i have to go? Does it need to be done in a specific time?

I have 3 kids and have an average income, and being the only one who works in the household this has come as a major Shock to us.

Seems like the council has just ruined our xmas and no presis for the kids.

PLEASE GUYS I NEED URGENT HELP!

 

[angelboy]

Regardless of your circumstances you need to get legal advice. Simple. Stop messing around and go and talk to a professional. You should get a free consultation with a solicitor to at least give you what potential options you have.

In the mean time, read this:
http://webarchive.nationalarchives....factsheet.php?page=13_magistrates_court_fines


I'm not sure what the major shock is, you were aware that breaching an enforcement notice is a criminal offence with a potential fine of up to £20,000. As the fine is both you and your wife then £4200 isn't too bad, all things considering. Yes, kids and Christmas is a tough time. Maybe this is one of those life lessons that the kids will never repeat......and maybe you'll never repeat!

 

[garyo]

Dude, seriously, why are you still here? We all love to help as much as we can but the stakes are high - this is beyond a Web forum. Get yourself to citizens advice if fees are the issue.

Getting professional representation will pay pay for itself in most cases. You know what they say : the man that represents himself has a fool for a client!

 

[bernardgreen]

we have had numerous letters via the council enforcement asking as to rectify the issue and take down the 2nd storey 3 meter extension,

few weeks ago i have received a court summons from the local magistrates court, i know it is a criminal offence that we did not remove the extension. my question is how can we go forward with the council and resolve the issue as we do want to retain the extension.

this has come as a major Shock to us.

You had numerous letters so it is not a shock, maybe the shock is that the council would not let the matter drop and took you you court because you did not comply with the enforcement order. Did you reply to the letters or did you ignore them ?

As said by others, the only advice is to seek legal help, there is a very small chance that a skilled solicitor may find a procedural error in the way the council dealt with the planning application and enforcement order. If there is an error then an appeal against the fine may be successful and you may be awarded costs of the appeal. Unlikely you will be allowed to retain the extension.

 

[jayb1970]

how long do you get to appeal the decision? yes on with finding a good solicitor.

 

[Deleted2797112]

Seems like the council has just ruined our xmas and no presis for the kids.

I'm sorry but the only person who has ruined your Christmas is you. This has not been an overnight event - you've seen it coming for years but chose to ignore the reality. Now you've been punished and rather modestly in terms of the potential.

You have two choices. You can pay your fine, demolish the extension, and walk away knowing it's over and the continuing financial risk and accompanying stress disappears. Or you can choose to fight on, racking up more costs with no guarantee of any better an outcome but the clear possibility of a worse one. Based on your own description of how you came to be in this position at all, I'd suggest you would be extremely foolhardy to venture down that route.

 

[^woody^]

I'd love to see a photo of the extension in context to the house and neighbours.

 

[jayb1970]

the extension in question is the top part as shown in the picture, the bottom part of the extension has planning approval, so does the other side of the extension including second storey of that.

 

[Nakajo]

I just wish you had acted sooner. I suspect that the LPA may have come to a compromise of sorts.

 

[^woody^]

That's not too bad.

Plead poverty to the court, and come to a low repayment agreement. In the meantime, spend some money with a decent Solicitor for advice

 

[jayb1970]

they have said pay £200 per month, thats still a lot, issue is i have is the enforcement notic which still stands and the upheld appeal decision, i am in talks with a solicitor as we speak,

im on the forums due to work as i work on the internet so can get valuable information from you top notch people for advice whilst im doing my day job.

 

[ey143]

they have said pay £200 per month, thats still a lot, issue is i have is the enforcement notic which still stands and the upheld appeal decision, i am in talks with a solicitor as we speak,

im on the forums due to work as i work on the internet so can get valuable information from you top notch people for advice whilst im doing my day job.

It's questionable whether you are doing work with this s*** hanging over your head and the detailed updates on the forum but that's another story. Personally I think the neighbour's dress sense is more criminal! Did you tresspass on her land to take that picture too?

Can I ask you directly, have you actually even approached your insurer yet to see if you have Legal expense cover, or did you skimp on the £15 annual premium thinking you will never need it, hence not answering the question others have asked here as to whether you have spoken to a lawyer.

I'm still confused as to why you never dealt with the issue. I think the forum here deserves an answer to that question at least?