Need to sue my local authority for various reasons???

[Snooki64]

Re: Need to sue my local authority for various reasons???

StevenLS,
You clearly have said what you think, I do not wish to hear your comments anymore, u have no idea about mine and my daughters life!?!? We have just taken the Mick out of everyone!! You are ignorant!!

[stevemLS]

Re: Need to sue my local authority for various reasons???

I'm sorry you think that, I don't think it is so. If you come onto a public "legal" forum you must expect to get proper opinions. Some of us are qualified, some not. However we would do you a disservice if we responded purely on the basis of what you want to hear.

That represented my honest assessment of the situation.

[R0b]

Re: Need to sue my local authority for various reasons???

Snooki, if you are asking for help on a public forum you are going to have to take the rough with the smooth and unfortunately that means people disagreeing with what you might think. Most of us on here look at things objectively and as [MENTION=48758]stevemLS[/MENTION] says, we are all entitled to our own opinion as are you.

Anyway, I have had time to digest the ombudsman’s draft decision as well as what you’ve said on these posts. In short, I would strongly suggest against taking court action and wasting further monies as I believe you are unlikely to be successful in your case. Civil claims such as these rest on a balance of probabilities and I am afraid to say that you have a very strong case against you – Even I can’t think of a defence to the ombudsman’s report!
In your initial post you mentioned that the bailiffs removed your vehicle over a couple of PCNs when in fact it seems that there are 10 outstanding, 4 of them are currently sitting with the bailiffs (this is why I said it’s important to give full facts and not just a one sided story). In addition to that over the last 2 years, you’ve had a whopping 163 PCNs written off!

If a judge asks you why you failed to acknowledge or respond to all of those PCNs which I am sure will probably have come with several letters? I’m sure I read somewhere in the report that the total cost relating to those PCNs was around £16,000!?!

Bailiffs are obviously not the first course of action and the council will have to take certain steps and measures before they instruct them. Once instructed the bailiffs will make contact and give you at least 7 days to respond, which it appears you did not.

As for arguing that they took a vulnerable person’s car, as pointed out in the court you didn’t communicate with either the council or the bailiffs that your daughter was a vulnerable person so in fact it could be argued that if anyone, you have been negligent in failing to disclose such information until the last minute.

The only thing that I can think of is that under the Civil Enforcement Association’s Code of Conduct, there is reference to say that where a bailiff is informed that a person is vulnerable person then it should be referred to the council. The council has considered and taken into account your evidence and felt that based on the evidence there was nothing which prevented your daughter from not understanding why she received the PCNs. The fact that she has received an enormous amount of PCNs over the last 2 years surely either yourself or your daughter must have realised what was going on?

Please don’t be offended by what I have said above it is merely an opinion and whilst we all think councils are a royal pain in the arse 90% of the time, I think this time they have got the decision right, they don’t appear to have been negligent as they were not aware until the car was removed that you eventually decided to tell them that actually your daughter is a vulnerable person.

Unfortunately, I don’t think I can help you on this occasion and if this goes to court, I would be surprised if you get anything other than a right rollicking from the judge. It’s quite clear that we are not really talking about a couple of PCNs and this seems to have been ongoing for at least 2 years and that is something the judge will take into account. If you want to press ahead, good luck and let us know the outcome.