Council Hell - Claim Advice

stragglebod

What does the freeholder have to say about this?

agrinnall

hayz347 wrote: »

Does everyone really think its ok to have 1 bin collection since 14th December ??

No, not at all. You mention involving councillors, what have they had to say about it? If it happened in my ward my councillor would be all over the Waste department until they came out to make the collection.

hollydays

I think this calls for going to a council meeting and pelting the councillors with rotten tomatoes..

NCC-1701

Park somewhere else ASAP when you realised?

peter_the_piper

Were there any other vehicles damaged by rats or was yours the only one? If more then a combined claim might have more weight.

unholyangel

https://www.lgo.org.uk/


Im on the fence with this one. I don't think theres been enough one way or another to establish whether the council have been negligent or not. So I would suggest trying the lgo.

da_rule

Are you sure that a claim under Section 45 is actually actionable and that damages are the correct resolution (rather than say Judicial Review etc)?

Section 73 seems to suggest that civil liability (and damages) is restricted to breaches of Section 33 and 63.

Also, you have freely stated that other people have been putting rubbish in your bins etc. Therefore it may also be possible that the Council could also state that it would not be reasonable for them to be liable for the actions of others if those actions exasperated the damage.

NeilCr

unholyangel wrote: »

https://www.lgo.org.uk/


Im on the fence with this one. I don't think theres been enough one way or another to establish whether the council have been negligent or not. So I would suggest trying the lgo.

'
Yep.

Although I am not entirely clear that the OP has been through the council's complaints process.

I have to say we had a situation with waste not being collected (not BCC to be fair) and complaining "officially" rather than tweeting/ringing the helpline/contacting the Councillor worked like a dream. Plus the LGO likes you to have done that before going to them.

"Hasn't checked the communal bins today mind you!"

:eek::eek:

iammumtoone

I think you need to make your letter clearer that is not your rubbish it is communal rubbish.

When I first read it I was thinking no claim as you could/should have taken your rubbish to the tip yourself but when I read the comments from others I see this wasn't possible as you aren't just talking about your rubbish.

I would take out the bit about being a business owner it is totally irrelevant.

When I went back and looked at the photo, it doesn't help your defense as the car park looks empty so you could have parked further away from the rubbish. Do you have any others that show the only available parking spot was next to the rubbish?

da_rule

If you are determined to progress down this route then have a read of paragraph 6 of the general pre-croon protocol (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1). The main take home is to be concise, factual, and to the point.