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A355 Letter To Wycombe Magistrates Court

On September 7, 2010, in Beaconsfield A355, Magistrates Court, by PeterSilverman
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20 Kingsend Ruislip Middlesex HA4 7DA
Ms Sue Walton
Wycombe & Beaconsfield Magistrates Court
The Law Courts    Easton St
High Wycombe
Bucks   HP11 1LR

7th September 2010

Dear Ms Walton,

Complaint For Litter Abatement Order (A355) 31st Aug 2010

Thank you for your letter of 1st September. I sent you an e-mail in reply yesterday but am not sure whether it got through.

Date issue

You have asked me to specify the date when I allege there was defacement by litter.

I appreciate that most complaints to the court are about events that took place on a prior date.  In such cases the date of the event needs to be clearly specified.  However a complaint for a Litter Abatement Order is about a situation which has to be ongoing at the time the complaint is made.  This is reflected in the wording of the relevant sections of the EPA. For example:

EPA 91 (1) says the court may act “on a complaint made by any person on the ground that he is aggrieved by etc.
EPA S 91(12) says that if the court is satisfied that when the complaint was made to it the highway was defaced etc the court shall order the defendant to pay etc”

There would be no point in making a complaint for a LAO in respect to litter that had been a problem but which was not on going. There would be no litter to abate.

My complaint against South Bucks District Council is dated 31st Aug 2010 and says “the complainant is aggrieved etc”.  It is clear from this that I am alleging that the defacement was ongoing at the time of my complaint.

Also, it is in the same format as my complaint about the M40 which the court was able to process.

Could you please therefore accept the complaint in its original form and with its original date of 31st Aug.

Assuming you are happy to proceed on this basis I am returning the 3 copies of my complaint without any amendments.

Summons

I have prepared this as requested and enclosed 4 copies.  If it needs to be amended please let me know by e-mail and I can send a revised version as an attachment.

Hearing Dates

The following dates are not convenient for me:   4th October and 6th October

I look forward to hearing from you

Yours sincerely,

Peter Silverman

 

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