Leaving site UKCPS

Bermudajoe1974

Hi All,

Thanks in advance for any advice.

I work for my local authority and parked at a car park run by UKCPS to assess noise from an ongoing alarm. Part of my assessment involved documenting how far the noise could be heard (to help determine a statutory nuisance).

I left the site, which is an ALDI car park and followed the noise, making my assessment at various points between the car park and the source address.

I have subsequently been sent a charge for leaving site and have admitted being the driver but advised that this was not a personal visit but official business that the local authority is obliged to carry out. I provided redacted evidence my visit and my local govt ID.

The appeal was rejected, with no real indication that they'd even read my mitigating evidence. I have since read that UKCPS are notorious for this.

I'm confident that no court in the land would find in their favour and happy to take this all the way. That said, I'd prefer it to go away as quickly as possible and am wondering what to do next. I've drafted my appeal/complaint but aren't sure which option works best next.

My two options, according to their letter, are a complaint directly to them or an appeal to the IAS.

Which of those should I do?

Thanks

ChirpyChicken

You didnt admit leaving site in the appeal did you
If you did you lost one of the easiest IAS wins ever known to man
Not sure why you think they would care

Coupon-mad

Appeal to the IAS putting UKCPS to proof that you left the site because you didn't, you were authorised to be working all across the boundary. At no point did you leave.

Bermudajoe1974

Coupon-mad said:

Appeal to the IAS putting UKCPS to proof that you left the site because you didn't, you were authorised to be working all across the boundary. At no point did you leave.

I've already stated to them why I left site. It was the nearest safe place to park and assess the noise. This is a stat duty and not a personal visit. I'm afraid I can't change what I already said (I blame chatgpt for poor advice).

Bermudajoe1974

ChirpyChicken said:

You didnt admit leaving site in the appeal did you
If you did you lost one of the easiest IAS wins ever known to man
Not sure why you think they would care

Yup, afraid so. Made a bit more complicated by it being a work car. 

As to why they would care, well it was the nearest safe place to the statutory noise nuisance that I could park to assess the noise. I appreciate this is a niche appeal. I then had to walk to the noise to determine the exact address it was emanating from.

Just wondering if I should now go to complaints or to IAS.

Or do you think I've already lost and should take the lower amount (£60)?

Thanks

ChirpyChicken

Bermudajoe1974 said:

ChirpyChicken said:

You didnt admit leaving site in the appeal did you
If you did you lost one of the easiest IAS wins ever known to man
Not sure why you think they would care

Yup, afraid so. Made a bit more complicated by it being a work car. 

As to why they would care, well it was the nearest safe place to the statutory noise nuisance that I could park to assess the noise. I appreciate this is a niche appeal. I then had to walk to the noise to determine the exact address it was emanating from.

Just wondering if I should now go to complaints or to IAS.

Or do you think I've already lost and should take the lower amount (£60)?

Thanks

No you do not pay 

Coupon-mad

Totally ignore them as you can't win at IAS (but can win in court, rare for UKCPS to try).

Car1980

I'd email your legal department and ask if they can draft a letter demanding the invoice is dropped or face legal action as you had lawful authority under Section 111 of the Local Government Act 1972.

Subsidiary powers of local authorities.

(1)Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

Bermudajoe1974

Coupon-mad said:

Totally ignore them as you can't win at IAS (but can win in court, rare for UKCPS to try).

So don't even use the complaint or appeal services?

ChirpyChicken

Bermudajoe1974 said:

Coupon-mad said:

Totally ignore them as you can't win at IAS (but can win in court, rare for UKCPS to try).

So don't even use the complaint or appeal services?

Nope why would you when it wont work

Bermudajoe1974

Car1980 said:

I'd email your legal department and ask if they can draft a letter demanding the invoice is dropped or face legal action as you had lawful authority under Section 111 of the Local Government Act 1972.

Subsidiary powers of local authorities.

(1)Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

Thanks, I think I'll quote that without involving legal dept. I don't mind the prospect of facing them in court and am very comfortable in court as I go with work.

I can't see how IAS won't also take this into consideration.