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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My question is about a 1st tier land tribunal decision. My

Resolved Question:

My question is about a 1st tier land tribunal decision.
My business has been parking on a certain strip of land for aprox 100 years adjacent to my warehouse building.
Suffolk Co Co claim in recent years that my parking space is a highway. However, It has never been used as a highway and it leads into a river.
The Council wished to prevent my parking and erected "no parking" signs and subsequently the police issued me with 5 parking tickets.
The DPP withdrew all charges saying that there was no evidence that the land was highway.
Later, several council workmen and police turned up without notice and forced me to remove my car from my space. They bagged up my gravel surface and threw it into my building. They jack hammered the surface and erected 2 more signs and threatened me with arrest.
Meanwhile, I had registered a claim for 4 parking spaces in neighbouring car park which I had been promised by a council official in an exchange. The tribunal ruled against me on this and costs of £8000 against me. However the judge strongly rebuked the council for forcing me off my original parking space after the DPP decision.
The road signs are still in place. Can I counterclaim against the costs?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When you say counterclaim you mean appeal the costs order?

Customer: Hi Alex
Customer: I want to get the costs taxed if possible. I would like to appeal costs if possible as the Council solicitor confirmed in writing that we had been given the spaces and I relied on the letter as the actual parking agreement was verbal and the officer who agreed it had left the Council. Judge said that solicitor who wrote the letter simply "made a mistake" and it was unfortunate she never said so. I don't know my options. I was in the middle of negotiating instalment payments with a council solicitor when he suddenly left so I got no reply to my last email a few weeks ago. I have now been notified that Council will enforce tribunal costs order in County Court.
Customer: I want to take action to get road signs removed. Can this be offset against previous costs?
Customer: I meant to say offset against further legal action rather than "counterclaim".
Customer: I have got DPP letters and the tribunal judge's ruling to support my intended legal action (injunction?)
Alex Watts :

Yes you can appeal the costs order. You need to write and ask for permission to appeal.

Alex Watts :

If permission is granted then the matter will go before a Judge in the County Court.

Alex Watts :

Once the matter goes before a Judge you have to show one of these things:

Alex Watts :

1) The Judge was wrong in law

Alex Watts :

2) The Judge was wrong in procedure

Alex Watts :

3) The decision made was one which no reasonable person could have made

Alex Watts :

If you can show one of these things you will win the appeal

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thank you.
Customer: Can you answer my question please whether the costs I have been ordered to pay can be set off against a different but related legal action I may take such as an injunction against the council based on the tribunal judge and the DPP decisions?
Customer: regards
Alex Watts : If you have been ordered to pay costs to the council and if the council have been ordered to pay you costs then yes you can set these off.
Alex Watts : only if there have been formal costs orders can you set these off.
Alex Watts : Does that help?
Alex Watts :

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