Deformation claim against council

[Graeme]

Background

Back in November 2015 I was sent two blue badges, the original which took weeks to arrive so a replacement was sent.
Eventually one badge arrived, it came with a letter saying this is your new badge, it’s valid for 3 years go ahead and start using it. However unbeknown to me the badge that arrive was the original which had been cancelled with my knowledge.
I was complete unaware I had been using a cancelled badge until my car was ticketed and impounded in March 2017. It was only when the impound told me my car was lifted for blue badge fraud did I call to investigate the issue.
I think it’s unfair that I had to pay £180 impound change to get my car back because of an admin error made by the team that issue the blue badges. I asked to have this refunded.
My claim is simply I used the badge you sent me, you didn’t tell me it was cancelled. How was I to know the badge was invalid when all the paper work that came with and date printed on it said it was valid until 2018?

The deformation

Then out of nowhere the same warden who impounded my car claims that he remembers seeing my car displaying the second badge (the replacement that never arrived).
He has submitted a statement to other council departments and other city councils stating as fact that I am in position of two badges.
He has photographic evidence of one (from when my car was impounded) and no proof for the other just his word against mine.
I think I have a deformation case he as he has

• published (emailed)
• a false statement (that I have two badges)
• to a third party (other council departments and other city councils)
• which is damaging to me both financial and my reputation (my request for my the impound charge to be refunded to me as it was a result of an admin error at their side has been rejected because they believe his report that I have two badges and thus wasn’t using the cancelled badge unknowing but was intentional using both fraudulently)

I have 3 questions

1. Do you think I have a case
2. Surely, remembering he saw it isn't any kind of proof. We need material proof. That’s why they have cameras
3. Do I have to prove his statement as false or does he have to prove it to be true

I think if they are going to make a statement as fact then they should have to prove its a fact i.e. with more evidence then someone claiming they saw it.

[warwick65]

Re: Deformation claim against council

Regarding the defamation
Who did he send the email to?
What harm has this caused you?
Has this caused you a loss?

I know you had to pay to get your car released but that is a separated issue

- - - Updated - - -

Sorry another question.
How would he know if was a different badge and how would he know it was you using it. I believe badges being yo the person and not the car

[EXC]

Re: Deformation claim against council

I would forget about making a defamation claim. You can only issue defamation claims in the High Court so it's a big deal and the risk of adverse costs should you lose are high.

I can't see that you have a case for defamation. You said yourself that ''I had to pay £180 impound change to get my car back because of an admin error made by the team that issue the blue badges'' so you can't attribute the loss to a subsequent defamation.

Reputational loss is very subjective and difficult to attribute and quantify.

I suspect that the information regarding the cancellation of the first badge was with the second thatyou didn't receive.

I would make a formal complaint to the council.

[Graeme]

Re: Deformation claim against council

Regarding the defamation
Who did he send the email to? - Edinburgh City council set it to Glasgow city council (I believe this counts as a third party)
What harm has this caused you? - I am now branded as having committed fraud (although no changes have been made) its also distressing to be accused of this.
Has this caused you a loss? I will have to pay parking fines that would have been cancelled due to the blue badge teams error. However now it is seen as they did not make an error, it's just me committing fraud

I know you had to pay to get your car released but that is a separated issue

- - - Updated - - -

Sorry another question.
How would he know if was a different badge and how would he know it was you using it. I believe badges being yo the person and not the car - the badge is registered to me

Maybe I've got my terminology wrong and its not deformation but surely they can't claim I have two badges if they only have proof I have one?

[warwick65]

Re: Deformation claim against council

Do what do you want to do?
Exc has already warned against defamation.

You can ask for an apology but have you suffered harm other than hurt feeling?

[Graeme]

Re: Deformation claim against council

I would forget about making a defamation claim. You can only issue defamation claims in the High Court so it's a big deal and the risk of adverse costs should you lose are high.

I can't see that you have a case for defamation. You said yourself that ''I had to pay £180 impound change to get my car back because of an admin error made by the team that issue the blue badges'' so you can't attribute the loss to a subsequent defamation.

Reputational loss is very subjective and difficult to attribute and quantify.

I suspect that the information regarding the cancellation of the first badge was with the second thatyou didn't receive.

I would make a formal complaint to the council.

Thank you for your reply.
Maybe I've got my terminology wrong and its not deformation but surely they can't claim I have two badges if they only have proof that I have one?

I need to dispel that statement before I can then pursue my expenses claim for being issued with the wrong badge.

I can't claim I used the wrong badge accidently if they are stating as a fact that I have both.

I have made a formal complaint to the council and they said they only take photographs of car displaying blue badges when an offence is committed in case there accusation is disputed. They did not take a photograph of my car when they claim it was displaying the other badge because no offence was being committed. Which makes me question why they record the information.

Also since they are accusing me of having two badges they are using the alleged sighting of the valid blue badge as part of an accusation (that I have two badges) so despite not committing a parking offence it is 50% of the accusation that I have two badges and they do not have the photographic proof.

the internal investigator from the council said he is happy with the "evidence" i.e. a spreadsheet entry that my car was seen displaying the other badge, Surely typing something into a spreadsheet is not considered valid evidence? If it were they could make accusations against anyone and not have to prove them.

What should my next step be?

[Diana M]

Re: Deformation claim against council

You've made a complaint and are understandably not happy with the response.

I can sense you're upset because you feel you're been accused of something you haven't done - at least not intentionally. And worse still you believe it was the council's own mistake which caused this.

Maybe you should escalate your complaint to The Local Government Ombudsman who will take an objective view of the situation, unlike your local council who will probably go on the defensive in a 'jobsworthy' way instead of working with common sense.

The LGO has the ability to tell your Local Authority to pay compensation if it thinks that's justified. Or can tell them to give you an apology if necessary (or even both).

Here's how you can start the process > http://www.lgo.org.uk/make-a-complaint

It's horrid when you find yourself not being listened to by the very people who have caused your upset yet won't admit it.

I wish you good luck.

Di

[warwick65]

Re: Deformation claim against council

Hi Graeme

Sorry if i sounded blunt, I was on my phone so not easy to type long responses.

I agree with Di and thank her for providing the link

There is possibly a step in-between which I used when my local council Housing benefit department had no idea what the law said
I emailed the CEO of the council and lo and behold within I think 48 hours my Housing benefit was reinstated and arrangements made to pay all the owed money.

I am not saying it will work for you but maybe worth a try

Its a long time since i used a blue badge but I still don't understand how they 'knew' you had used a different one before- that would entail writing down every car registration number and every serial number ( do they have serial numbers on them?) and then entering it into a database which seems like bureaucracy gone mad to me