Water Charges - About the Law
The law is simple until you start adding in Scottish Water - their lawyers, and various departments in particular the Revenue Protection Department, the Scottish Government and it's Water Industry Team, not forgetting the Water Industry Commission for Scotland and their Scotland on Tap web site.
The problem has been broken down into smaller pieces, explaining what a reasonable person thinks of the law.
This case was raised in what used to be called The Small Claims Court but is now the Simple Procedure. The rules etc are laid out on the web site at: https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules. These are in effect what used to be contained in The White Book - the bible of court procedure. The rules in Sections 1.6 and 1.6 of Part 1 apply.
In the view of the author of this report, the rules are excellent, and as good as one could wish for IF they were observed, BUT where breaches occur unless these are disciplined, then one is back to what might call "lawyering" viz lawyers doing all those things which they ought not to such as making unevidenced assertions, not once but many times.
Report from Trust Pilot
https://uk.trustpilot.com/reviews/5aa69ea8d5a570032020c086, content copied 14th March 2018
The complaint
I lease a shed with a shared roof and now Clear Business says I am due them nearly £750 for rain water I dont think so and when you call them they are not intrested as this is the Landlord's bill not mine just a shower of ---- and always keep on putting in bills.
This HTML page is a text copy of part of the pdf published by The Scottish Courts and can be downloded here: https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2017scgla47.pdf?sfvrsn=0
The Summary is presented below.
It is clear and concise and seems to be applicable to the vast majority of small business's who are tenants in business centres and the like.
Introduction
So what is this article about. It is probably one of the more important articles on this section of the web site about Water Charges.
It would appear that a very simple straight forward Law [The 2005 Water Act] is in the process of being perverted by a group of people which includes inter alia The Water Industry Commissioner for Scotland, some Directors [presumably] of Scottish Water, and various high level [???] minions in the Scottish Government who dislike the fiscal ramifications of said Act.
Note: This article is unlikely ever to be complete - due to the nature of the law - always changing.
Physical Configuration
The best place to start is to define the physical configuration of the pipes for leased premises that do not have a direct water or sewerage connection provided by Scottish Water. Below is a diagram which illustrates the Water and Sewerage Connections. There are a number of cases to consider.
When reading this, bear in mind that this relates to a leased premises that does not have a water supply, and is thus NOT eligible [viz liable] for Water and Sewerage charges, but probably pays water charges of some sort through the Landlord's service charges.
Scottish Water Business Stream are suing so many of their clients that they have developed a, not altogether correct, standardised writ.
If a writ is defended, and that is easy, the pursuer can then change it and resubmit it with another argument, ad nauseam.
Overview
There are two parts to an opinion:
- The Briefing: that is asking the question, which must include enough of the background information to enable a meaningful answer. Inadequate information or an overdose of information will result in an answer which cannot be relied upon.
- The Opinion: that is a precise answer to the question or questions posed in the Brief. Remember that this is the interpretation of the law in the professional view of the barrister who has been briefed, not as a Sheriff or Judge may hand down.
Introduction
There are two bodies, both legally constituted, who have published documents which do not cite the Law which they purport to define.
The Court Process
A writ is issued for the sums of money that the pursuer wants to be paid. UNLESS you settle up immediately this will include another large sum for the pursuers costs. Tho these are subject to certain rules.
Nota Benissime: Issuing a writ is NOT about seeking justice. It is about attempting to force the other party to pay whether the money is due or not.
The law is a minefield.
The only way that a point of law will be ever be clarified is if it is taken to court. But unless there is agreement it will inevitably have to be taken to a higher court. Scottish Water Business Stream have enormously deep pockets, which enable them to keep matters going to the exhaustion of the smaller party.