- Original Poster
- #1
Hello all
I am having a battle with the Valuation Office Agency and their repeated failure to amend a record. I rent a small piece of hard standing/ storage compound on the site of a former warehouse. The VOA still records this as a warehouse, although the two plots either side of me have been properly recorded as open storage. I have now received my third Magistrate's summons for non-payment of £40,000.
I have had two Magistrate's summons which thanks to a bit of help from a Councillor have been cancelled, but not the third. The Council, whilst admitting it knows that the value is wrong says that it's not their problem (which in law is correct). I have submitted three challenges to the VOA and each time they have told me that there's no evidence that their records are wrong- I've even shown them the invoice from the demolition contractors, the Council's permission to demolish it, photos of the demolition in progress, Google street views of the same and a Landlord's letter. Yet this still isn't being resolved.
I note that a Treasury Select Committee warned the VOA some 4 years ago that this was an issue and demanded it was resolved. I have just over two weeks- my pleas to the Council have fallen on deaf ears even though- shockingly- they admit they agree it's wrong. The VOA- well they're a law unto themselves. I now have two weeks notice, which I think is insufficient anyway.
can anyone advise? For the avoidance of doubt the above is NOT a valid defence. As the VOA is a Gov. department by Royal Charter it is legally infallible and the only defence is either to prove I wasn't there at the time or it's the wrong address. Stating the data is wrong is not accepted. To think that the VOA and Council will see my company prosecuted and ultimately liquidated for this is just not on.
My course of action- unless anyone has any better ideas:
1) send a 7 day pre-action protocol letter to CEO of VOA advising I believe his organisation is negligent, citing my prima facie evidence and his failure to comply with the Select Committee and that I am going to sue VOA for £40K. I HOPE this will then be passed straight to the legal department who will just order a minion to do their job.
2) Send a letter to the CEO of the Council asking that even if he cannot again cancel the summons will he postpone it. Accept that he has a legal course to follow but now he is aware of it being wrong if he still goes ahead and the summons ultimately bankrupts my company that I will be suing the Council for a lot more than this.
3) A couple of days before the Magistrates hearing, taking out the summons against the VOA in the HIGH COURT, and try to argue with the Magistrate either for an adjournment if s/he cannot dismiss the claim or argue that as it is now in the hands of the High Court that any action by the Magistrates could be prejudicial to the hearing in the High Court, which is after all a more senior Court.
This seems all wrong for the establishment to seek to take this action when they KNOW they are in the wrong and then deny me any legal means of defence.
Any ideas people, please? I've done well to recover this insolvent company since I bought it a few years ago and have turned it into a small but sustainable profit maker- for it to now end like this would be unhelpful.
TIA
I am having a battle with the Valuation Office Agency and their repeated failure to amend a record. I rent a small piece of hard standing/ storage compound on the site of a former warehouse. The VOA still records this as a warehouse, although the two plots either side of me have been properly recorded as open storage. I have now received my third Magistrate's summons for non-payment of £40,000.
I have had two Magistrate's summons which thanks to a bit of help from a Councillor have been cancelled, but not the third. The Council, whilst admitting it knows that the value is wrong says that it's not their problem (which in law is correct). I have submitted three challenges to the VOA and each time they have told me that there's no evidence that their records are wrong- I've even shown them the invoice from the demolition contractors, the Council's permission to demolish it, photos of the demolition in progress, Google street views of the same and a Landlord's letter. Yet this still isn't being resolved.
I note that a Treasury Select Committee warned the VOA some 4 years ago that this was an issue and demanded it was resolved. I have just over two weeks- my pleas to the Council have fallen on deaf ears even though- shockingly- they admit they agree it's wrong. The VOA- well they're a law unto themselves. I now have two weeks notice, which I think is insufficient anyway.
can anyone advise? For the avoidance of doubt the above is NOT a valid defence. As the VOA is a Gov. department by Royal Charter it is legally infallible and the only defence is either to prove I wasn't there at the time or it's the wrong address. Stating the data is wrong is not accepted. To think that the VOA and Council will see my company prosecuted and ultimately liquidated for this is just not on.
My course of action- unless anyone has any better ideas:
1) send a 7 day pre-action protocol letter to CEO of VOA advising I believe his organisation is negligent, citing my prima facie evidence and his failure to comply with the Select Committee and that I am going to sue VOA for £40K. I HOPE this will then be passed straight to the legal department who will just order a minion to do their job.
2) Send a letter to the CEO of the Council asking that even if he cannot again cancel the summons will he postpone it. Accept that he has a legal course to follow but now he is aware of it being wrong if he still goes ahead and the summons ultimately bankrupts my company that I will be suing the Council for a lot more than this.
3) A couple of days before the Magistrates hearing, taking out the summons against the VOA in the HIGH COURT, and try to argue with the Magistrate either for an adjournment if s/he cannot dismiss the claim or argue that as it is now in the hands of the High Court that any action by the Magistrates could be prejudicial to the hearing in the High Court, which is after all a more senior Court.
This seems all wrong for the establishment to seek to take this action when they KNOW they are in the wrong and then deny me any legal means of defence.
Any ideas people, please? I've done well to recover this insolvent company since I bought it a few years ago and have turned it into a small but sustainable profit maker- for it to now end like this would be unhelpful.
TIA
