Dealing with a publicly owned firm such as Scottish Water and or their subsidiary Business Stream requires just a little bit more persistence than they show. Raising a writ and going to court requires two sets of information:
- The applicable law. When they answer this question you will get reams of information about how Scottish Water et al were created, their rights and responsibilities. They will likely give you the CMA rule book. The CMA is a privately owned consortium - and thus they have no right to make rules which contravene the Laws of Scotland - however, they do.
- Section 27 of the 2005 Act is simple and explicit: No water pipe means no water charge; and no sewer[s] means no sewerage charges. In a Business or Shopping Centre where the landlord provides communal services, those communal services are the "Eligible Premises" which attract charges, which the Landlord will collect from the tenants. The tenants lease or rent "the solum" which means the space forming their premises. See the artickle entitled "The Law Explained"
So when they, as usual, refuse to be sensible, it is necessary to get them to provide the information they would need to put in a writ. It is simple to do - complete the draft below and:
- Print the document and and sign it,
- Print a copy for your iown records,
- Post it using recorded delivery.
55 Buckstone Terrace
Dear Sir / Madam
Freedom of Information Request
We apply to be supplied with the following information under the terms of the Freedom of Information (Scotland) Act 2002.
The recorded information held by the Scottish Water and or any of its subsidiaries regarding the locations of the following in connection with the premises at [enter the address of your unit]
Noted that the premises, as far as any reasonable person can tell, is NOT an Eligible Premises under Section 27 of 2005 Water Act.
- Routes and locations of Scottish Water's water mains, stop valves, and water meters which form the supply to the solum of the premises, indicating also the reference and physical location of the SPID;
- Routes and locations of Scottish Water's main drains whether it be for Storm Water, Foul Water, or Combined Water into which the solum of the premises drains, indicating also the reference and physical location of the SPID;
- The applicable law; that is the law [as opposed to any rules] under which you have raised a [probably erroneous] charge.
- The records of the Revenue Protection Department relating to the assessment of the premises as an Eligible Premises.
[Your trading name]