Appealing Warrant of Entry

[wineman]

Hi all; Today - Magistrates Court have granted a warrant for an electricity company to gain entry into a private residence to disconnect the power supply. Is it possible to apply for the warrant to be suspended? Is there a right to appeal? This warrant application has been rejected by the court before on the basis that no contract exists [and still does not] but through circumstances beyond my control arrived late at court to find it adjudicated in their favour and was told there was nothing I could do. Is there anything to be done to stay or reverse this? Wineman

[Kati]

Re: Appealing Warrant of Entry

Hi wineman, welcome to LB.
I think we're going to need some extra details from you in order to advise in this situation.

Are the electric company claiming you owe them money??
How many times have you successfully appealed before??
Who told you that there was nothing you could do??
Have you been in touch/complained to the electric company??
Are there children, elderly or disabled people living in the property??
etc...

Kati x

[des8]

Re: Appealing Warrant of Entry

You can only appeal to the Crown Court and would have to show:
1) There has been an error in law; or
2) There has been an error in procedure; or
3) The decision made was one which no reasonable Court could have made

[Kati]

Re: Appealing Warrant of Entry

Would this form be the one needed if the OP decides to appeal @des8??
I've put a guidance document up too
and info on appeals http://www.cps.gov.uk/legal/a_to_c/a...e_crown_court/

[wineman]

Re: Appealing Warrant of Entry

Hey Kati thanks for response,
Yes they do claim that money is due,
Twice - and the magistrates refused the claim because the agent was unable to produce or confirm that there was a contract of supply agreed,
The court clerk said so,
Happened today so no regarding this award and before I do trying to get a handle on best way forward - but previously 16 times in writing, by telephone and in person to the agent [and 3 utility co staff who were there], oh and about 35 wasted 'hold' calls with cut-off's at 30+ mins - very very frustrating!!!!!!!!!!!!
No children, 68 & 65 with one suffering from high blood pressure [under medication for 6 years] and suffers from extreme anxiety & nervous fear - all of this declared/advised to both utility co and agent.
Wineman

[stevemLS]

Re: Appealing Warrant of Entry

Des, we disagree again.

My understanding is that appeal is to the Crown Court only in respect of conviction or sentence in criminal matters.

The route of appeal in this jurisdiction is by way of case stated to the High Court. (s111 Magistrates Courts Act 1980)

Which seems a bit sledgehammer and nut and is not a course I could recommend to a litigant in person.

The court does have the power to reopen a case to rectify mistakes but this appears only to extend to its criminal jurisdiction. (s142).

On what basis do you say there is no contract?

[wineman]

Re: Appealing Warrant of Entry

stevemLS - comments noted as well as those of Des8 - never contacted them via any known method to discuss supply, never signed or received any agreement - just suddenly began receiving the bills. They have never acknowledged any correspondence or communication or reacted to my 'cease and desist' requests - a steamroller out of control be easier to stop! wineman

[wineman]

Re: Appealing Warrant of Entry

thanks i'll read and comment/question/plead/beg-for-further-guidance as needs be. wineman

[des8]

Re: Appealing Warrant of Entry

[QUOTE=stevemLS;474391]Des, we disagree again.

My understanding is that appeal is to the Crown Court only in respect of conviction or sentence in criminal matters.

The Crown Court also hears appeals against decisions of magistrate's courts (https://www.justice.gov.uk/about/hmcts/courts)
Otherwise we agree on the inadvisability of proceeding down this path.and the form put up by Kati is(I think) correct.

Assuming that the utility company are actually supplying this property, it is not necessary for them to have a signed contract, so surprised at your earlier wins.
The relevant paragraph in the Utilities Act 2000 states: "Where an electricity supplier supplies electricity to any premises otherwise than in pursuance of a contract, the supplier shall be deemed to have contracted with the occupier (or the owner if the premises are unoccupied) for the supply of electricity as from the time when he began so to supply electricity." The act also allows suppliers to incorporate their own terms and conditions into deemed contracts, including parties' rights and obligations, price, payment terms and so on.

Is their warrant solely to disconnect, or are they going to fit a prepayment meter?

If the utility company is supplying electricity, but the occupier doesn't want to pay them, does the occupier think they should have the supply for free, or do they want to pay someone else?
On the information made available and unless there is more to the situation, I would suggest negotiating to pay would be the best way forward,

[stevemLS]

Re: Appealing Warrant of Entry

Are you paying some other supplier?

If I remember rightly, every electricity meter has a number, I vaguely recall it being called an MPAN numbers, that the national grid maintain a database of, you could do a SAR to get the supply history to that meter.

Trouble is, by the time you do that they'll have broken in and done the deed.

[stevemLS]

Re: Appealing Warrant of Entry

Des, the statutory references I gave you as well as the CPS guidance makes it plain that the Crown Court only deals with criminal matters.

The form is a form issued under the Criminal Procedure Rules.

The Crown Court has no jurisdiction here, s111 MCA 1980 makes it utterly clear what the route of appeal is here and that is case stated to the High Court.

[des8]

Re: Appealing Warrant of Entry

Des, the statutory references I gave you as well as the CPS guidance makes it plain that the Crown Court only deals with criminal matters.

The form is a form issued under the Criminal Procedure Rules.

The Crown Court has no jurisdiction here, s111 MCA 1980 makes it utterly clear what the route of appeal is here and that is case stated to the High Court.

OK I run up the white flag (so much for relying on tinternet and not checking every detail)

[stevemLS]

Re: Appealing Warrant of Entry

There is information here on how to find who is the registered supplier http://www.energylinx.co.uk/mpas_online.htm (Called MPAS number not MPAN)

OP - again - are you paying someone else?

[stevemLS]

Re: Appealing Warrant of Entry

And this is the Practice Direction dealing with appeals by way of case stated http://www.justice.gov.uk/courts/pro...of-case-stated

[wineman]

Re: Appealing Warrant of Entry

To Kati, Des8 and all - thanks! the sum of your responses sets the correct course on this issue - whinge and conceed whilst retiring to a settlement seem wisest. On the earlier wins presumably I just got lucky! Their warrant was for 'pay-up' or prepayment meter. Wasn't going for 'free to use' just miffed that they somehow purloined my supply without giving any choice or chance to choose/select my own prefferred 'utility thugs' , failed to credit parts of payments and randomly seemed to add charges [not warrant related] at will - AhWell!! the UA2000 para seems to set the tone, welcome to the thieves-in-the-night zone, even if it strikes across every concept of fairness. Just don't like it at all. :tinysmile_cry_t: Wineman.