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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Two years ago I was wrongly prosecuted in the magistrates court

Resolved Question:

Two years ago I was wrongly prosecuted in the magistrates court for not complying with an enforcement notice. On appeal, it was admitted by the council's barrister that the council had acted illegally and the matter was referred back to the magistrates court to be quashed. This was finalised this morning. I assume that fines and court costs will be returned by the council, in due course. But, is there any further redress(compensation) that I could get for the two years of turmoil that has affected both my wife and I?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Were you represented and did you get the costs back please?

Customer:

No, nothing received as this only happened a few hours ago. As we are living on Pension credit, the costs of legal representation are prohibitive, and, the only legal advice, locally, is to not take on the council unless you have deep pockets and/or are prepared to place a substantial deposit with a solicitor etc!

Customer:

I made no claim for costs, nor was this mentioned during the few minutes I was in court.

Customer:

The clerk to the magistrates just stated that the council had acted illegality and that was that . . . . .

Alex Watts :

Ok - so you didn't ask for costs.

Customer:

Correct.

Alex Watts :

What you can do is write to the Council Chief Executive and ask that the matter be investigated.

Alex Watts :

That department will have a corporate complaints procedure and they will investigate the matter

Alex Watts :

If you are not happy with the response then you can take it to the Ombudsman. They are independent of the Council and can examine your complaint for free. Their website is: www.lgo.org.uk

Alex Watts :

But they will have expected you to formally complain to the Council first, so you must do this

Alex Watts :

The ombudsman may award compensation

Alex Watts :

But sadly you can't sue the Council direct for compensation. You won the appeal, if you were represented you could have asked for costs back

Alex Watts :

But you can complain to the Chief Executive and then Ombudsman

Alex Watts :

That should resolve it.

Alex Watts :

But in reality any compensation is only going to be about £250 or so

Alex Watts :

I realise this may not be the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Customer:

Thanks, ***** ***** try that, but I do no hold out much hope of a suitable reply. The Ombudsman has little power to do other than persuade. Any amount would help!

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No, thank you - your reply is much as I expected. We'll just have to live with the inequalities of life!

Alex Watts :

I am sorry

Alex Watts :

Can I help with anything else today?

Customer:

Thanks anyway. That's the lot . . . for now.

Customer:

Regards Tim

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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