If a notice of enquiry is not delivered it may be some time
before evidence of this is received from the purchaser. For
example, this may be some weeks later when the purchaser receives a
request for documents or information but know nothing about the
enquiry.
Where it is accepted that a notice was not received the date
will need to be within the enquiry window to be able to issue
another notice.
A compliance caseworker will have evidence of the delivery
date if a notice was given by hand or sent, for particular reasons,
by recorded delivery.
In all other cases the guidelines for postal delivery times
should be followed, unless the purchaser provides evidence of a
specific date or claims the notice was never received.
Where the purchaser’s evidence is not accepted they
should be informed of the reason and the enquiry continued.
The purchaser may appeal against any subsequent notice on the
grounds that a valid notice was not given.
