Warning Notice

If the duty body has not responded adequately to your informal complaint you can send them a formal Warning Notice giving them a least 5 days notice of your intention to make a complaint to the Magistrates Court.  Example

Complaint to the Magistrates Court

Example

Summons

The court will issue a summons to the duty body requiring them to attend the court at the time and date specified. Example

Initial Hearing

The parties and the court will agree “directions”, set a date for the trial hearing and decide how long will be required for it.  Directions might require the defendant i.e. the duty body to submit a “skeletal argument” (a summary of the legal argument they plan to use) and any witness statements to the complainant and the court by a certain date. The complainant would have the opportunity to study these before submitting his or her skeletal argument and witness statement(s).

Trial Hearing

Both sides would make opening statements and then question their own and the other sides witness(es). The defendant may be his or her only witness. Each side would then summarise their cases. The Magistrates or the Judge would need to decide (a) whether or not to issue an abatement order and (b) whether to award costs to the defendant or complainant.

All posts on Litter Abatement Orders

Peter Silverman
23rd October 2012