Ikpaisong Effiong UKPE (t/a Ikpaland Enterprises UK) v Southend Magistrates’ Court

Facts

The appellant, Ikpaisong Effiong Ukpe, trading as Ikpaland Enterprises UK, is a sole trader running a grocery store at 15 High Street, Romford. In December 2022 he entered into a "Fixed Certainty Electricity Supply" contract with Npower Business Solutions for the supply of electricity to the premises, and a meter was installed on 21 December 2022. On 12 April 2023 Npower wrote informing him of an outstanding debt of £6,779.06. Between April 2023 and March 2024 the parties corresponded about payment plans without agreement, the appellant complaining that the meter installed was not of the correct model to measure accurately consumption for small commercial premises such as his. He made a single payment of £4,500 in December 2023, and was said to owe around £20,000. Richburns Ltd, as Npower's agent, applied to the Southend Magistrates' Court for a warrant of entry under section 2 of the Rights of Entry (Gas and Electricity Boards) Act 1954. Following a contested hearing on 22 March 2024, the magistrates granted the warrant on 3 December 2024, holding that the discussion about meter models was not relevant to the appellant's defence. The appellant appealed to the Administrative Court by way of case stated, the magistrates having declined to amend the question they posed.