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ENFORCEMENT NOTICE APPEALS 

  If you have received an Enforcement Notice you should seek professional assistance as soon as possible. Failure to act upon an enforcement notice could result in court action by the Council leading to substantial fines or possibly even a prison sentence.

"You have considered the terms of the Enforcement Notice and feel that an appeal is necessary. Because of the potential repercussions flowing from such notices I do not intend providing a complete overview of Enforcement Notice Appeals, because I believe you should be taking professional advice. However, there are some important points which you should be aware of and I set these out below." Ian Butter

WHEN SHOULD I APPEAL?

    • As quickly as possible after receipt of the notice and a proper assessment of the remedial measures required.
    • In any event, well before the deadline date for the notice coming into effect which is set out on the notice. Do not wait until the last few days. Time is of the essence.

 The appeal must be RECEIVED (or posted in time to be received by normal post) by the Secretary of State BEFORE the date specified for the enforcement notice to take effect.

Any delay could make the appeal 'Out of Time' which means the Secretary of State will not be able to accept it.

The appeal is not valid until it is received (or posted to be received) by the relevant Department before the date the notice is due to take effect. Do not rely upon first-class delivery times as the Post Office cannot always guarantee next day delivery.

Use a rapid delivery or postal service which ensures delivery within the specified time and always obtain a Certificate of Posting or other formal record of the date of posting. You may be asked to provide proof of posting in the event the appeal arrives out of time, but was sent early enough to have arrived within the time limit.

 If the Enforcement Notice takes effect on a Sunday, Monday or Public Holiday, the appeal must be posted in time to arrive on the last day before those days on which there is a postal delivery.

You can FAX your appeal to the relevant department or delivery it by hand to any of the Departments regional offices [Welsh Office in Cardiff] and obtain a dated receipt as proof of delivery. Keep this safe in the event the Department requires proof of the date the appeal was sent.

WHO CAN APPEAL?

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