Is it possible to sue the Council through the small claims court?

mazza_2

Please be gentle this is my first post

Long story, Council towed away my car for parking adjacent to a dropped kerb and I had to pay a fine. I appealed all the way to the parking appeals tribunal who found in my favour - the council could not provide photographic evidence of my offence - which I strongly deny.

I wrote to the Council asking for compensation for illegally removing my vehicle, inconvenience, loss of interest on the £190 I had to pay and the fact they did not refund my money within the stipulated timescales etc.

The Council have written back saying they won't pay me any compensation as the appeals tribunal found in my favour "simply because they did not supply the photographs taken as proof of the contravention ... and not because the offence did not occur" :doh:

I want to take this further and looked at the HMCS money claim online site. It says you can't sue Gov't Departments.

Does anyone know if this also means Local Authorities or has anyone made a claim against their local Council?

K9cuddles

Hmmm.. well parking my way is regulated by the council.. but franchised to NCP!!!! So I guess you could sue them!!!!

lynzpower

My mate got a burst tyre thorough a hole in the road and got back all the money from the council ( thier fault, duff road) simply by asking and theyd taken a photo of the hole in the road.

I have heard of people suing councils though, although havent heard with what success.

moonrakerz

I would go ahead and sue them. Your local Council isn't a Gov't department.
They are trying it on. You are either guilty or not guilty of the offence - the tribunal found you not guilty - for the council to say, in effect , "really you were guilty, but we couldn't prove it" is just a ploy to make you give up and go away.

derrick

I sued my local council for refusing to cut back the trees on the pavement overhanging my garden,(they had not been pruned for at least 10 years), after repeated requests to cut them,all met with refusal, I had them done and submitted the invoice,they refused to pay,I issued County Court papers and when they received them they paid up including the court costs without going to the Court.

comfy66

hi this is the first time ive used this site so sorry if im posting in the wrong place.
can anyone help me,i came out of a viloent relationship in 2002,from then until january 2006 i have been fighting my local council to get my ex partner removed from my tenancy,they said there were £70 rent arrears (which is strange seeing as we were on benefits) which i paid.Now they have sorted the new claim they have found there is an overpayment of £89.17 on the old joint claim.They are refusing to give me my money back unless i get a written letter from my ex partner agreeing to it.
how come they can take the money from me but not pay it back.
i have explained to them the fact that my ex is not alowed anywhere near me but they wont take any notice.
has anybody got any ideas coz this seems really unfair,they put me in this situation by making me pay them money that wasnt even owed.
comfy66

ps we had debts of over £3000 when we were together and i have paid them all off.

hollydays

Can only suggest you telephone shelter ,they are the best people to deal with this.

rabialiones

derrick wrote:

I sued my local council for refusing to cut back the trees on the pavement overhanging my garden,(they had not been pruned for at least 10 years), after repeated requests to cut them,all met with refusal, I had them done and submitted the invoice,they refused to pay,I issued County Court papers and when they received them they paid up including the court costs without going to the Court.

tree belonging to council at front of property, its roots are now penetrating into our cellar, causing water to enter. council are saying that house insurers should deal with it and are repeatedly asking me to go thru them. however, h ins. refuse to do anything about it, saying it is not covered as its a gradual occurence.
i'm at my wits end and time is passing on, i'm afraid the longer i leave it , the more damage it will cause and cost more to repair.
any help/advice would be greatly appreciated.
thanks!
i have legal cover, thru h ins. as well , but they also refuse to do anything bout it, saying its not covered.

Mikeyorks

comfy66 wrote:

has anybody got any ideas coz this seems really unfair,they put me in this situation by making me pay them money that wasnt even owed.
comfy66.

It is unfair. But even when presented with the clearest of facts some of the people we pay (e.g local council staff) to administer our systems are immovably stupid. And often remain that way until jolted into reality - and often that's beyond the odd individual acting on their own behalf.

Suggest you get Citizens Advice to help you - your problem is in their area - and they may have meaningful contact at a higher level within the Council. Regrettably that is what's needed sometime. Even if you can't get the £89 - you should get the £70 back, without the stupidity of trying to get the agreement of someone who shouldn't be contacting you !!

Their 'fact sheet' is on this link. A call first - to arrange an appointment?
http://www.citizensadvice.org.uk/index/aboutus/factsheets/aboutcabadvice.htm

little_miss_welsh

Not sure if this is any help but in both cases, can't you speak to your local councillor? I worked for a council for a short time and it was interesting to see just how much clout the councillors have.

Type your postcode into councillor.gov.uk to find out who your councillor is and how to contact him or her

derrick

rabialiones wrote:

tree belonging to council at front of property, its roots are now penetrating into our cellar, causing water to enter. council are saying that house insurers should deal with it and are repeatedly asking me to go thru them. however, h ins. refuse to do anything about it, saying it is not covered as its a gradual occurence.
i'm at my wits end and time is passing on, i'm afraid the longer i leave it , the more damage it will cause and cost more to repair.
any help/advice would be greatly appreciated.
thanks!
i have legal cover, thru h ins. as well , but they also refuse to do anything bout it, saying its not covered.

Personally I would put it in writing to the chief executive of the council, c.c to treasurer, leader of the council and anyone else that you think might help,setting out the problem and requesting a visit from the council surveyor to assess the situation, it is the councils problem, do you have legal cover/ helpline on ANY of you insurances? if yes ask them for assistance, just noticed that you have, well they should be helping, at least to assist negotiations with the council, copies and give them time limits to respond,14 days should be sufficient, if no reply or refusal of remedy,write again telling them that you will employ a surveyor & tree surgeon then sue for all costs and remedies in the County Court.

THIS may help, it should include councils as they are the owners of the trees.

THIS may also help


If you type TREE ROOTS into Gooogle you should get other info


HTH