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M40 e-mail to court 4th July 2010

On July 4, 2010, in Magistrates Court, by PeterSilverman
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From: Peter Silverman [mailto:petersilverman@cleanhighways.co.uk]
Sent: 04 July 2010 15:40
To: ‘sue.walton@hmcourts-service.gsi.gov.uk’
Cc: Will Gates
Subject: Making a Complaint For a Litter Abatement Order

Attn Sue Walton, Dep Justices Clerk, Wycombe & Beaconsfield Magistrates Court

Dear Ms Walton,

Thank you for your letter of 14th June. I welcome your comments that you will be formatting and improving how you manage applications for litter abatement orders.

I think my case against the Secretary Of State For Transport has stimulated what was already a growing interest in this legislation.  On my web site www.cleanhighways.co.uk I have included a guide to assist those who might want to use the same legislation.  I would appreciate your comments and suggestions on this. It is very much a work in progress. Please go to www.cleanhighways.co.uk/taking-action.
I am particularly keen to tidy up the section dealing with submitting the complaint to the court. To this end I have a number of questions.

1. Is the complaint document template shown at  www.cleanhighways.co.uk/2010/06/24/going-to-court adequately worded?

2. How many copies of the complaint, with evidence attached, does the court require?

3. Assuming the complainant wants to take his (or her) documents to the court personally should he phone and make an appointment before hand?   If so, whom should he arrange to see?

4. At that meeting, and assuming the documents are in order, what should happened?  Who should sign and retain each copy?  Should a cheque for the fee be handed over?   To whom should it be made payable?  I was charged £200 and I assume this is a standard fee.

5. In my case I was asked to say what dates would be convenient for me to attend the preliminary hearing. Is that standard practice and something the complainant should expect to be dealt with at that stage?

6. What should the complainant do if the court official is not familiar with the process?   Is there any internal guidance available to court officials that they could be referred to?

7. Can the complaint be submitted by post?  What would the process then be?

8. What happens next?  In my case I received no confirmation from the Court that my complaint was being processed. Is that standard practice?

9. How long should it take for a summons to be drawn up and sent to the respondent and does a copy go to the complainant at the same time?

10. Have I missed anything?

I am copying this to Will Gates of the Campaign to Protect Rural England who is also researching this topic.

Ms Walton, I look forward to hearing from you.  Please reply by e-mail.

Kind regards
Peter Silverman

01895 625770

 

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