Paragraph 285

(1)

The validity of a hazardous substances contravention notice shall not, except by way of an appeal under Part VII, be questioned in any proceedings whatsover on any of the grounds on which such an appeal may be brought.

(2)

Subsection (1) shall not apply to proceedings brought under section 179 against a person who—

(a)

has held an interest in the land since before the hazardous substances contravention notice was issued under that Part;

(b)

did not have a copy of the hazardous substances contravention served on him under that Part; and

(c)

satisfies the court—

(i)

that he did not know and could not reasonably have been expected to know that the hazardous substances contravention notice had been issued; and

(ii)

that his interests have been substantially prejudiced by the failure to serve him with a copy of it.