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Litigation proceedings against my local council

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Comments

  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    I agree, but if the pavement in question is the only way to get from A to B, what else are people meant to do?
    Take care?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • !!!!!! wrote: »
    Take care?
    How about at night when any damage may not be clearly seen?

    "Take care", as in the council taking care of the pavements as they are meant to do? especially as this is something that the householders in the area pay them to do by way of their council tax.

    If I have a house I am expected to ensure that the pathway is safe for anyone using it, and if I fail to do so and someone gets hurt, I can expect to be prosecuted for failing in my duty of care.
    If the postman/woman trips up and breaks their ankle, do you think that they would be happy to forget about it as long as I had told them to "take care"?
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    Perhaps this was reported by someone else prior to the OP reporting that daughter had hurt herself.
    As such they would be liable to cough up.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • miduck
    miduck Posts: 1,800 Forumite
    Hi all,


    Just an update, I am dealing with Zurich the insurers for Preston city council, who are liable for said footpath. They are arranging with me a settlement, as they say PCC have admitted negligence.

    The issue itself has still not been repaired, so something they originally said would be sorted within 48 hours, to date is still not resolved and we are going back to march 2012.

    And your daughter, how is she?

    Amazing that someone updates on the money she will be receiving, but not the "mental trauma" suffered by their child!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    especially as this is something that the householders in the area pay them to do by way of their council tax.

    Technically not, the council tax paid isn't used for specific council services and goes in to a central pot - you may find that the council tax charge does not get used against any highways work.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • ILW
    ILW Posts: 18,333 Forumite
    miduck wrote: »
    And your daughter, how is she?

    Amazing that someone updates on the money she will be receiving, but not the "mental trauma" suffered by their child!

    Lovely, lovely compo.
  • miduck wrote: »
    And your daughter, how is she?

    Amazing that someone updates on the money she will be receiving, but not the "mental trauma" suffered by their child!

    What's amazing about it?
    This is a consumer rights forum and not a family, friends & neighbours chitchat room.

    The OP posted asking for advice and gave the circumstances regarding their claim, and later posted giving details of how the claim is proceeding.
    As none of us know the OP or their daughter, I don't really see the relevance of them not posting a medical update regarding a member of their family unless that information relates to a further query.
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I hate this pointlessly litigious culture we are moving towards - it just shows a total degradation of morals - grabbing cash at whatever opportunity at the expense of whoever else.

    I agree with you to a point, however, I broke my wrist on some broken pavement last year, which cost the NHS in fortune in inpatient, outpatient and surgery costs. The local authority had been aware of the problem for at least 2 years, and in the 14 month period since, have done nothing to rectify the situation. (I'd been at meetings where the problem was raised with local council staff and councillors.)

    Perhaps the NHS should be suing the local authority?

    FYI, I chose not to sue, but would support others who made a different decision.
  • miduck wrote: »
    And your daughter, how is she?

    Amazing that someone updates on the money she will be receiving, but not the "mental trauma" suffered by their child!

    Typical to be fair, I live in Preston and it's all about money. No wonder crime is so high and there's flyers for compo everywhere.

    Claiming for compo then shouting about how much you're getting rather than how your daughter is says it all.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    CIS wrote: »
    Technically not, the council tax paid isn't used for specific council services and goes in to a central pot - you may find that the council tax charge does not get used against any highways work.

    Certainly the case around here, I've seen better condition roads in downtown Beirut
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