Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** 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.
Have you complained to the Council please?
Yes, but they are not interested (lack of resources).
In that case all you can do is take action yourself through the County Court.
You should write and ask them to stop within 14 days or say you will issue proceedings.
If they refuse then you can issue a Court claim
You need to complete form N1
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial.
However given the complexities you will need a Solicitor at least for the final trial
I should also warn you that if you lose then you will have to pay the legal costs of the other side as well as your own
If you win then you can ask the Court for costs
Can I clarify anything for you about this today please?
Could please clarify which law(s) I am alleging is broken when I apply to the court please.
Section 79 of the Environmental Protection Act
Section 180 Highways Act 1990
Does that help?
That's great and thank you.