npower warrant of entry, questions. ***UPDATE***

WhiteHorse

If NPower didn't turn up on the arranged day, then that is your main defence. You were there, they weren't. Therefore a warrant is inappropriate.

As they are saying that they did turn up, there should be paperwork to that effect (job or time sheets, and so on).

Firstly, state to the court that they are 'put to proof'. In other words, they have made as statement as to fact and now they have to prove it. They must produce evidence that they were indeed there. Threaten to require the attendance of the NPower road staff so that they can be cross examined.

Secondly, You will be identified on those pieces of paper. Make a SAR (Subject Access Request) under the Data Protection Act, for all documentation relating to you. If they won't supply it, that's an offence, and if they can't supply it, then obviously they have no proof.

jalexa

DVardysShadow wrote: »

I might be wrong, but I believe that with what has happened up to present, an application for a Warrant at this stage may well be an abuse of process ...

I'm not posting to dispute that because this is not an area of expertise, but I assume the magistrate, presented with a list, doesn't make that judgement, simply the pen writes.

What is the procedure to test "abuse of process"?

DVardysShadow

jalexa wrote: »

I'm not posting to dispute that because this is not an area of expertise, but I assume the magistrate, presented with a list, doesn't make that judgement, simply the pen writes.

What is the procedure to test "abuse of process"?

Good question.

There may be a more technical aspect to abuse of process. But from the lay person's point of view, I would say it is using process to obtain something you could have got anyway - or going straight to court without following the full precourt process

Now the magistrates might be inclined to write what they are told - and almost certainly will if OP does not defend.

terry has provided for us the relevant law link
http://www.legislation.gov.uk/ukpga/...3/21/section/2 from which

2 Warrant to authorise entry.E+W+S

(1) ....
(2)If, in a case to which the preceding subsection applies, the relevant enactment does not require notice of an intended entry to be given to the occupier of the premises, the justice shall not grant a warrant under this section in respect of the right of entry in question unless he is satisfied—
(a)that admission to the premises for the purpose specified in the information was sought by a person lawfully requiring entry in the exercise of that right, and was so sought after not less than twenty-four hours’ notice of the intended entry had been given to the occupier; or
(b) ....
(c) ....
(d) ....

Now abuse of process would be for nPower to take this to court and ask for a Warrant on the information we have. Essentially, OP has agreed with nPower to take a PP meter and has agreed several appointments, 2 of which she has cancelled and the 3rd was not kept by nPower. None of this in strictest terms actually fulfills the requirements for nPower to claim a Warrant.

All we have is 3 failed appointments but no notice of Intended Entry.

In short, after 3 failed appointments, I believe that nPower should be sending the OP a Notice of Intended Entry and should only be proceeding to a Warrant after having issued such a notice. If they have not issued such a notice, I would call it an abuse of process.

Now, this could be undermined if Raven tells us that the appointments for PP meter installation arose from a Notice of Intended Entry. Having said that, if she did arrange appointments as a result of a Notice of Intended Entry, I think a 3 strikes policy is reasonable - whereby if 3 appointments are not kept, a Warrant is applied for.

But in this case, the 3rd appointment was not kept by nPower. Given the draconian right of entry arising from a Warrant, I believe that it is unreasonable for nPower to apply for a Warrant to enter someone's home on the strength of an appointment which they themselves failed to keep. This I would class as Abuse of Process. As it is their failure, I believe they should restart with a Notice of Intended Entry before proceeding to apply for a Warrant.

Terrylw1

Raven, I don't think you have enough from npower to consider this any better right now.

The person booking that meter installation, who was it? The reason I ask is that any call centre could arrange that but not be involved in resolving the warrant.

The standard for a visit is 10 days per regs. Anything less can be done but it means calling the meter operator to to see what slots they have. There is no obligation to do it quicker from them but they try and help.

If I were you I would ensure that warrant is not happening until after April. I notice no talk off a GSOS payment for your missed appointment where you waited in. This could be investigated in under 15 mins so to me its starting go look like a poor attempt.

In terms of requesting a warrant, they would be checking at certain dates to ensure the supplier is not at fault. The court will be presented with a case and unless its disputed, that warrant is just going to get signed. After all, suppliers have been in the media for serving warrants on the wrong property before which suggest the checks are out of reach of the court.

undaunted

Libertys simple guide can be found here

http://www.yourrights.org.uk/yourrights/privacy/power-of-officials-to-enter-your-home/gas-and-electricity-boards.html

and you may be interested in this too

http://thejusticeofthepeace.blog.co.uk/2010/03/23/warrants-of-entry-and-applications-to-disconnect-utility-supply-8231890/

raven83

***UPDATE***

As promised Ms Sharon Hudson rang me this morning, not quite a 8am like she had said previously but she did ring, and she has managed to bring the appointment forward to the 23rd of april, a day before it was due to go to court She said he will be with me between 8 and 1pm and i am to telephone them while he is here to confirm he is here and that will stop the warrant. So that is a relief! Just hope he shows up now. Thankyou everyone who contributed to this thread and gave advice, without you lot i probably wouldnt of chased it up like i did and would of ended up with court fees already added to a big debt :beer:

spiro

raven83 wrote: »

***UPDATE***

As promised Ms Sharon Hudson rang me this morning, not quite a 8am like she had said previously but she did ring, and she has managed to bring the appointment forward to the 23rd of april, a day before it was due to go to court She said he will be with me between 8 and 1pm and i am to telephone them while he is here to confirm he is here and that will stop the warrant. So that is a relief! Just hope he shows up now. Thankyou everyone who contributed to this thread and gave advice, without you lot i probably wouldnt of chased it up like i did and would of ended up with court fees already added to a big debt :beer:

If he has not arrived by 12:45 I would phone her and make her aware that he has not arrived yet, she should then be able to sort things out to ensure he gets there.

chanz4

all suppliers have rainbow, so they will be able to see where the engineers are

raven83

chanz4 wrote: »

all suppliers have rainbow, so they will be able to see where the engineers are

rainbow????

spiro

chanz4 wrote: »

all suppliers have rainbow, so they will be able to see where the engineers are

You are assuming the suppliers doesn't use their own engineers in which Rainbow is about a useful as one in the sky.