Help please, drop kerb issue for disabled, discrimination?

in Consumer Rights
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  • Poppie68 wrote: »
    That seems abit steep(maybe wrong), I think you need to go down to the council armed with all the letters you have in your possesion.
    It sounds like you have maybe fines for damages and the dropped kerb, forget for the moment about your neighbours, you need to find out what letters etc you are missing as i appreciate you are maybe having trouble putting things into words on here and nothing is really making sense.
    You need to speak to them in person and get down to the bottom of what exactly you are paying for and why.

    Thanks for that, i am going to a solicitors this week with everything, theres got to be documents missing somewhere along the line, im hoping they can then approach the council for me and negotiate something fair.
  • ILW wrote: »
    How your neighbours are being treated is of no consequence.

    so are you saying that one rule for one and a different rule for another is fair? or have i missed something.
  • MojisolaMojisola Forumite
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    If there is discrimination, it's been in your mother's favour as she's the only one in the road who has ended up with a dropped kerb.
  • There would seem to be 2 possibilities here.

    Firstly at the core of this, driving across the pavement or verge is something you have no right to do, have no right of access for a motor vehicle and will risk damaging the pavement/verge if you do as its designed for people on foot not cars.

    So if you want to park your car in your drive you need to have an approved footway crossing put in - this is more than just a dropped kerb - the pavement is strengthened to cope with the additional weight of car traffic.

    Getting that background out of the way, it would appear that one of two things has happened - firstly at some stage you have been issued with a penalty in relation to driving over onto your garden, or secondly they have installed the dropped kerb thinking they had your (your parents - sorry shortening it to "your") instructions to proceed, and are now seeking to recover the costs.

    £1800 is expensive for a standard dropped kerb but not massively so especially if the council have a captive contractor that charges through the nose. It would seem to be high for a penalty for "trespass". However either way you need to establish which it is.

    If its a charge for a deemed instruction to install a dropped kerb then you have a good chance of fighting it by insisting they produce the agreement to cover the cost. Assuming your parents didn't sign up and then forget it, this should be a show stopper - albeit contracts can be verbal and enforceable, but unlikely in this sort of circumstance.

    If its a penalty then its less easy to fight it albeit that you should have been informed and given a chance to represent yourself.

    If I were you I'd find out who your ward councillor is and make an appointment to speak to them, and ask them to assist in sorting this situation out.
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  • so are you saying that one rule for one and a different rule for another is fair? or have i missed something.
    Nothing to say that rules have to be enforced equally, unless under certain prescribed terms.
  • WestonDave wrote: »
    There would seem to be 2 possibilities here.

    Firstly at the core of this, driving across the pavement or verge is something you have no right to do, have no right of access for a motor vehicle and will risk damaging the pavement/verge if you do as its designed for people on foot not cars.

    So if you want to park your car in your drive you need to have an approved footway crossing put in - this is more than just a dropped kerb - the pavement is strengthened to cope with the additional weight of car traffic.

    Getting that background out of the way, it would appear that one of two things has happened - firstly at some stage you have been issued with a penalty in relation to driving over onto your garden, or secondly they have installed the dropped kerb thinking they had your (your parents - sorry shortening it to "your") instructions to proceed, and are now seeking to recover the costs.

    £1800 is expensive for a standard dropped kerb but not massively so especially if the council have a captive contractor that charges through the nose. It would seem to be high for a penalty for "trespass". However either way you need to establish which it is.

    If its a charge for a deemed instruction to install a dropped kerb then you have a good chance of fighting it by insisting they produce the agreement to cover the cost. Assuming your parents didn't sign up and then forget it, this should be a show stopper - albeit contracts can be verbal and enforceable, but unlikely in this sort of circumstance.

    If its a penalty then its less easy to fight it albeit that you should have been informed and given a chance to represent yourself.

    If I were you I'd find out who your ward councillor is and make an appointment to speak to them, and ask them to assist in sorting this situation out.

    many thanks for this, there was no agreement, dads been dead for 19 years and never lived at the property and mum leaves any decisions to me, so theres no way she wouldve forgotten. the first we knew it was being done was the morning the contractors turned up, i was in the process of getting quotes etc at the time from their list of approved contractors. i will find my ward councillor as suggested. thank you.
  • I am surprised that the council carried out the work and then submitted a bill to you.

    Secondly, the council where I am employed will only install dropped kerbs (and accompanying footway crossing ) where they have either been specifically requested by a resident or as part of a larger footway refurbishment scheme.

    Lastly, I do not understand why only a dropped kerb and not a dropped kerb and full footway crossing - i.e. wide strip of bitmac or paving flags from behind new kerb line to existing footpath outside property, was installed if you say you are being charged £1800.00 for the work.
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  • I am surprised that the council carried out the work and then submitted a bill to you.

    Secondly, the council where I am employed will only install dropped kerbs (and accompanying footway crossing ) where they have either been specifically requested by a resident or as part of a larger footway refurbishment scheme.

    Lastly, I do not understand why only a dropped kerb and not a dropped kerb and full footway crossing - i.e. wide strip of bitmac or paving flags from behind new kerb line to existing footpath outside property, was installed if you say you are being charged £1800.00 for the work.

    hi, no-one authorised anything at any point with the council. i also checked to see if there was any refurbishment due in the area before it got done as well. its just the kerb bit and not the footpath thats been altered.
  • edited 15 October 2013 at 12:03AM
    hollydayshollydays Forumite
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    edited 15 October 2013 at 12:03AM
    The letters were addressed to your father, correct first name and surname , and you are a miss/ms also , And the house is tenanted ( or owned?) in whose name? You've had some letters addressed to ms( which is short for miss OR mrs).
  • hollydays wrote: »
    The letters were addressed to your father, correct first name and surname , and you are a mr also and have a totally different first name?

    the letters were addressed to MR (then the correct surname) no first names. im a MS or MISS and definately have a different first name.
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