Author Topic: Tower Hamlets Still Sending Out Unlawful Charge Certificates  (Read 2263 times)

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Offline BGB

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Tower Hamlets Still Sending Out Unlawful Charge Certificates
« on: 22 April, 2014, 01:06:48 PM »

"The Notice of Appeal in this case was received in time by PATAS on 10.03.14. Despite this, the Enforcement Authority issued a Charge Certificate to the Appellant on 04.04.14. I am satisfied that as of that date they were aware of these proceedings before PATAS. Indeed they sent their evidence bundle on the same date.

The Enforcement Authority will be aware of the then Chief Adjudicator's decision in case reference 2050339777 Miah v. City of Westminster in which the Local Authority had issued a Charge Certificate in similar circumstances. The Chief Adjudicator pointed out that the Charge Certificate amounted to an unlawful demand for money coupled with a threat of court action in default, and stated:

'The procedural impropriety in the issuing of this unlawful demand in my view fundamentally undermines the lawfulness of the enforcement process in this case, and undermines the authority and jurisdiction of this tribunal. This unlawful act debars the local authority from pursuing further enforcement of this penalty.'
I take the same view in this case as the Chief Adjudicator took in Miah and accordingly I allow the appeal.

Offline Mr Mustard

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Re: Tower Hamlets Still Sending Out Unlawful Charge Certificates
« Reply #1 on: 22 April, 2014, 01:30:58 PM »
:ot:Sticking to timetables is something that Barnet Council have struggled with recently with several thousand Orders for recovery going out such that it was impossible if you filed your TE9 on day 21 to be in time, even though you were.

Barnet have also issued a lot of Charge Certificates without having responded to formal Representations.