Appeals
We can of course appeal against all the notices for
any reason within the notice. This could be on the
grounds we feel they are being onerous or it may be
that we feel they have not given us sufficient time
to sort it out. The appeal must be made to the local
magistrates’ court within 21 days of receiving
the notice. Appealing against an Alterations and Enforcement
Notice will cause the Notice to be suspended until
heard in court. In the case of the Prohibition Notice
it will continue to stand until withdrawn, disposed
of or modified by the magistrates.
In our experience it is well worth
appealing against Notices issued by the Fire Authority
because we unfortunately find many Fire Authorities
have either issued Notices incorrectly, unreasonably
or with unrealistic deadlines. We have appealed or
threatened to appeal against countless Notices for
clients across England and on every occasion the Fire
Authority has backed down before we got to court.
Please don’t think we make
a hobby of appealing as we will only advise you to
do this where we firmly believe we are right and they
are wrong. The secret is timing; should you ever be
unfortunate enough to receive a Notice do not sit
on it, contact us immediately so we can act within
the prescribed timescales.
Cited, Statutory Instrument 2005 No. 1541 the Regulatory
Reform (Fire Safety) Order 2005
¹ Part 2, Paragraph 13, section 1
² Part 3, Paragraph 31, section 1
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