cp8759 How can it be legal for them to be threating to take people to a magistrate's court then?
I don't think it is, but until a court tells them that they're wrong, they're going to continue because they think they're right. The only way to get a court to tell them they're wrong is if someone stands up to them and takes the matter to the magistrates.
I have posted some
new guidance in the hope that we won't mishandle an Oxford ECN case again (or any ECN case for that matter).
If a case did go to court the prosecution would be doomed to be struck out as an abuse of process, and there is little doubt in my mind that a costs order could be obtained against the council, because what they're doing is completely illegal. But hey, the Post Office got away with this $hit for years.
