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Situation:
Burnley Council fined me £25k fine for not having a selective licence on a property that is worth £30k (Burnley).
They apparently put me through a Tribunal before issuing a Liability Order in a Court.
They never sent me a Final Notice (was sent to a wrong address as it transpired)
Defence: a) The Property was empty during the accused period, as proven by emails to the Council informing of this - thus no selective licensing is required - Exempt from licensing
b) the property had a 21 year lease with a leaseholder, who didn't live at the property, but maintained it (the house was uninhabitable, so he worked on it for a year at his expense) - Exempt from licensing
c) No victims
Complication:
A. I only gained the Final Notice after one year later as I found out from Tribunal that "I need a final notice" so I asked the Council. I applied to appeal. The Tribunal judge said I was over 21 days, and could not appeal. I then appealed the appeal. Told the same....
B. The council forced me to apply for a selective license (taking my money) full well knowing they are empty. They then set a penalty on me saying I'm "not a fit or proper person" because the houses have defects. I kept telling them that I don't need a license, so they felt I was non-compliant. I applied again, and then they pull on me "You had already been penalised, and not free from conviction" so we can't grant you a license (again, I applied under duress of the threat of prosecution they kept writing me about).
... So you'll never get a selective license and they'll continue to fine you.
C. NOW THAT THEY HAVE A COURT ORDER AGAINST ME WITH A LIABILITY ORDER CONVERTED TO A HIGH COURT WRIT- THEY WONT SIT DOWN WITH ME TO RESOLVE... They simply want their ££££... Which will bankrupt me.
How do I apply to get the Liability Order Set Aside? What are my grounds / defence?
(the soft part: They sent bailiffs to my house, taking away my car and traumatising my family, under the threat of coming back everyday to pay the debt)
Burnley Council fined me £25k fine for not having a selective licence on a property that is worth £30k (Burnley).
They apparently put me through a Tribunal before issuing a Liability Order in a Court.
They never sent me a Final Notice (was sent to a wrong address as it transpired)
Defence: a) The Property was empty during the accused period, as proven by emails to the Council informing of this - thus no selective licensing is required - Exempt from licensing
b) the property had a 21 year lease with a leaseholder, who didn't live at the property, but maintained it (the house was uninhabitable, so he worked on it for a year at his expense) - Exempt from licensing
c) No victims
Complication:
A. I only gained the Final Notice after one year later as I found out from Tribunal that "I need a final notice" so I asked the Council. I applied to appeal. The Tribunal judge said I was over 21 days, and could not appeal. I then appealed the appeal. Told the same....
B. The council forced me to apply for a selective license (taking my money) full well knowing they are empty. They then set a penalty on me saying I'm "not a fit or proper person" because the houses have defects. I kept telling them that I don't need a license, so they felt I was non-compliant. I applied again, and then they pull on me "You had already been penalised, and not free from conviction" so we can't grant you a license (again, I applied under duress of the threat of prosecution they kept writing me about).
... So you'll never get a selective license and they'll continue to fine you.
C. NOW THAT THEY HAVE A COURT ORDER AGAINST ME WITH A LIABILITY ORDER CONVERTED TO A HIGH COURT WRIT- THEY WONT SIT DOWN WITH ME TO RESOLVE... They simply want their ££££... Which will bankrupt me.
How do I apply to get the Liability Order Set Aside? What are my grounds / defence?
(the soft part: They sent bailiffs to my house, taking away my car and traumatising my family, under the threat of coming back everyday to pay the debt)
