Agreed
but the property was not taken off Non Domestic Rates in July
2020. Non Domestic Rates just reassessed it as an
empty
property until 31 March 2021 paying zero rates until then. On 8
September 2020 (as I am informed by the Valuation Agency) The
Council applied to the Valuation Agency to Delete the ANNEXE from
Non Domestic Rates and
backdate the date of Deletion from 20 October 2020 to 1 May
2020. The 20 October is 172 days from 1 May 2020 so on the date of
deletion it had been available for more than 140 days in the year
and there were another 193 to 1 May 2021 in which it could have been
available
did not
say " the
property could not be let".
I reported "that
the Fortic tank (an immersion heater with a small cold water tank on
top of it) which had leaked and damaged its housing and the work top
below it".
The property could still be let but with only cold water (a stone
tent?). From memory Non Domestic Rates asked me if the ANNEXE was
furnished and I replied that it was not. I think I reported that it
would take me about two to three months to fix. The leaking Fortic
tank can be viewed on photos 14 and 15 of
this web site.
The replacement mains pressure immersion can be seen on photo 22 of
the same site.
You had looked at this site several times so you were aware the
nature of works required so you could have been more specific than "due
to repair works required"
such as "due
to a replacement hot water system required"
for instance.
At the
Hearing of the
Summons on 6 October 2021 at Truro Magistrates Court the
Council’s representative Mrs Lynda Ryan relied on a document held on
her laptop computer which she alleged was an e-mail that you had
sent me on
7 September 2021 e-mail. I was not offered a hard copy and nor
were the Magistrates at the Hearing. Under oath she mentioned the 8
July 2020 phone call and the fact that 8 July 2020 was not 140 days
from 1 May 2020 as mentioned in your e-mail but then substituted the
words " due
to repair works that were required"
with "due
to electrical issues".
I protested that there had never been any electrical issues with the
ANNEXE or WINTER COTTAGE on 2 or 3 occasions during the Hearing.
Both properties had valid up to date and
necessary
EICR electrical certificates to allow "Holiday lets" and if there
had been "an
electrical issue"
then they would not have been issued. The magistrates did not seem
to think it important as to whether or not it was an electrical
issue but I think it is. It is legal to let a property with no hot
water but it is not legal to let a property without a valid
EICR certificate and if there had been an "electrical
issue"
there would not have been one.
As far as
I can see there are only two possibilities here -
1 .
Mrs Lynda Ryan deliberately changed the wording of your
7 September 2021 e-mail in Court under oath for reasons
only she can explain which to my mind is perjury.
2 .
You deliberately altered your
7 September 2021 e-mail to read "due
to an electrical issue" instead of "due
to repair works that were required"
for reasons only you can explain which to my mind is
attempting to pervert the course of Justice.
Which of the two
perceived crimes is it Mr Ashton? Or do you have another
explanation?
In hindsight I should have
done but your e-mail was only one day before the
Summons so there wasn’t time. The
Summons was postponed from 8 September 2021 to 6 October 2021
but even so not enough time. |