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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Sir or Madam. Briefly I have made a complaint to the Council

Customer Question

Dear Sir or Madam. Briefly I have made a complaint to the Council and am seeking some form of redress. I need to know whether I have case against them. Basically it was where a Council operative was mowing dried a grass area that threw up a clouds of dust and debris that covered me in this while waiting close by at a bus stop. This happened back in September of this year. I have been sending emails back and forth. They have made a basic apology which to me is just not good enough. Regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What losses did you suffer? Did you suffer any injury please?

JACUSTOMER-ulfh999w- :

No I never suffered any loss or injury.. My claim is for more for humiliation and having to clean up afterwards. Getting me trousers dry cleaned going home and having a shower and hair wash. etc. after being covered in DUST and DETRITUS Grass mowing's etc. My Mouth remained gritty for a little while. I even had to close my eyes at the time., from a mower that showered me in filthy dust. It was during the very hot and dry period. of the summer way back on September the 2nd 2013 Whilst waiting at a bus stop. The council refute my claim. Their are a number of emails regarding my complaint and issues. The mower acted like a great big fan. The driver of the mower was working flat out and driving like a lunatic. I just happened to be down wind and in it's path. Unfortunately. With no warnings.

Alex Watts : How much are you seeking to claim please ?
JACUSTOMER-ulfh999w- :

I am looking for redress on having my clothes washed my dry cleaning of trousers and general humiliation cost. Say £20 £6 Clothes washed. £10 Shower £5 Hair washed £2 H

Alex Watts :

Thank you. This helps.

JACUSTOMER-ulfh999w- :

Also reimbursement of Legal costs. £43 plus £33 Legal Cost. Sorry I clicked the button for I had completed what I wanted to say.

Alex Watts :

What you should do is write to the Chief Officer at the Council and set out your complaint and your losses. The Council will then investigate the complaint and report back to you.

Alex Watts :

Once you have that reply if you are not satisfied then you can complain to the Ombudsman. Their website is: www.lgo.org.uk

Alex Watts :

They will investigate the complaint further and let you know what they think and make any recommendations.

Alex Watts :

If the Council refuse to pay then you can write and ask for payment within 14 days or say that you will go to Court. make sure you send this recorded delivery and keep a copy.

JACUSTOMER-ulfh999w- :

The Council have given me this legal option but refuse to redress my complaint. I can forward there last email

Alex Watts :

If they refuse then you can issue proceedings either online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to the County Court.

Alex Watts :

The court will then issue the claim and the Council will have an opportunity to defend it, if not you can enter Judgment and enforce it.

Alex Watts :

If they defend the claim it will be set down for a hearing. Given the value it would be a small claim and you will not need legal representation.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-ulfh999w- :

I thought that this was the move in that direction for you to work or claim for me.

Alex Watts :

I see. This is a question and answer service and it is against site rules to actually be instructed or do the work for you, as much as I wish I could.

Alex Watts :

But all you need to do is go to the Court Service website: www.moneyclaim.gov.uk and issue a claim

Alex Watts :

It is quite easy and will take 5 mins to do.

Alex Watts :

This will get the process started/

Alex Watts :

Any legal costs in issuing the claim will be added to the claim and become part of the debt

JACUSTOMER-ulfh999w- :

I know I can go to the small claims court. So it appears I have wasted my £33 in only getting advice which I already knew about.

Alex Watts :

But you can add the cost of this question to your claim.

Alex Watts :

I am sorry that you feel we could do the work for you, but although I am a Solicitor (and work for a local authority) we are not allowed to work outside of the site.

JACUSTOMER-ulfh999w- :

O.K Thank you for your advice on the web site.

Alex Watts :

Do you need any further help?

Alex Watts :

If you get stuck on the form etc please come back to me

JACUSTOMER-ulfh999w- :

No! Thank you for now. I will follow the instructions you have given

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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