Vulnerable adult car taken by bailiffs

[Snooki64]

Hi everyone, I am new to this site but am desperate for some help? To cut a long story short, my daughter has mental health problems and I am her appointee/mother.
Around 18 months ago a Bailiff company came and took my daughters car for a couple of unpaid parking fines, at the time she was needing the car to go to counselling for her mental health she has a childhood/adult history of mental health issues, I have been through all stages of complaint with the council and is now with the ombudsman, I have received a draft decision which is not in our favour but I feel all of my daughters mental health issues were not addressed or evidence was not asked for? I was told that the ombudsman would ask the council for copies of their evidence of my daughters health? I really feel very strongly that my daughter has been treated badly and I am so confused at where I go now? I do not want to let this go as this should not be allowed to happen? My daughter is on Personal independence payments and esa as she cannot work due to her health, she is 25 and does not live a normal life for someone of her age! The council have said she could pay in installments but the installments were very high considering she is on government benefits. I would really love to take them to court, but I do not know how to go about any of this now, and I feel she deserves compensation for further aggravating her condition, not being able to go to counselling without a car etc. I've been in contact with the advice bureau and they seem to think that the Ombudsman has given her opinion and I cannot do anymore? Please could someone advise me as this has made me I'll as well trying to deal with the situation. Thank-you everyone for reading.

[CYNthesys]

Re: Vulnerable adult car taken by bailiffs

Just off the top of my head, Under the Disability Discrimination Act and mental health legislation I would have thought that the council and bailiffs were under a legal obligation to make reasonable adjustments to ensure that your daughter was not treated less favourably than someone who wasnt under a disability

[Snooki64]

Re: Vulnerable adult car taken by bailiffs

Hi everybody thanks for all your replies, I am just so tired of trying to explain this situation to numerous ppl over the last 18 months and trying to get some help and advice. I will try to upload the ombudsman draft decision? I only have until the 24th November to reply with my comments and reasons why I think the decision is wrong, I just dnt know where to start? This is all not good for my health either, I have medical problems also.
When my daughter had her car taken away it left her with little hope of improvement of her mental health, she was off work sick at the time (Long term), if she had any hope of living a normal life is going bk to work, and going out shopping without my help etc, it was taken away when they took her independence ( the car) she has social problems and cannot travel on public transport easily with lots of different people, she couldn't go to school easily when she was younger and needed to go to a special school as the whole( lots of people) situation is very stressful to her. She is now 25 and suffers very low esteem does not go out without me and does not live a normal life for a 25 year old, she has no social life due to all her anxieties, we are now waiting for her referall to yet another psychiatrist/psychologist which has been another massive fight for me to get her seen by the right ppl. I feel that I constantly trying to make ppl realise her problems, as she just looks NORMAL?? I am so totally exhausted. This is why I feel the BAILIFFS and local authority have not given proper consideration to the situation and have been negligent! Please tell me someone can see my point? Thank you.

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Could someone just tell me how to start court action please?

[ploddertom]

Re: Vulnerable adult car taken by bailiffs

Can you tell usabout how the PCN;s came about & any representations made about them. We need more information about all this. Do you know the reasons why the LGO is minded to refuse your complaint?

[des8]

Re: Vulnerable adult car taken by bailiffs

With all due respect to Snooki64, who is obviously distraught at the situation, I would strongly advise anyone proposing to post on this thread reads the earlier postings here:
legalbeagles.info/forums/showthread.php?72488-Need-to-sue-my-local-authority-for-various-reasons&p=595681&highlight=#post595681

[ploddertom]

Re: Vulnerable adult car taken by bailiffs

Many thanks for giving us that des8 as I had not realised there was more info. I would ask one question of the OP and that is have you been making ANY payments towards this at all. You also state that you have asked about all this elsewhere but do not give us a result of that query.

Given what has happened though I would also advise about going the Court route as the chances of success are slim or non-existent and you leave yourself open to having costs awarded against you which would not be insubstantial. There are some who will argue you cannot have costs awarded against you in the Small Claims - which in the main is true - but as this would be a "reckless" cause of action then you leave yourself open to a claim against you.