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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can a resident take out an injunction against a Local Authority

Customer Question

Can a resident take out an injunction against a Local Authority for continually allowing its car park to be used illegally for use by travellers 3 or 4 times a year when the car park is situated 20 meters from residents homes
.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
How are they allowing it please?
Customer: replied 1 year ago.

the car park is is not protected even though it has a lockable gate but no security gaurds

Expert:  Ash replied 1 year ago.
It's not really an injunction then it would be a judicial review. This is where the court reviews the councils decision to see if it's reasonable and legal.
A court can agree with the decision or remit it back for further consideration. You would need a solicitor as these are specialist proceedings.
But you can bring a judicial review to make the council rethink its decision.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

howjdo I?apply tothe court for a ureview

Customer: replied 1 year ago.

howjdo I?apply tothe court for a

judicial review?

Expert:  Ash replied 1 year ago.
You need to fill out this form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n461-eng.pdf
Does that help?
Alex
Customer: replied 1 year ago.

Thank you for the form.I have decided to write to the Local Authority setting out my intention to seek a judicial review if the situation cannot be resolved by other means.I am setting out my complaint to them in full and putting them on notice that if there is a further incursion of the carpark I will seek to obtain a judicial review to resolve the matter.Is it necessary for me to inform the Local authority that I will be seeking a Protective cost order because the matter is of public interest.

Expert:  Ash replied 1 year ago.
Yes if you are going to do that you need to follow a pre-action.
https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
Does that help?
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.

Does The Aarhus Convention apply to this situation I am telling the Council that I will be seeking aProtective cost order because I am a pensioner of limited means and i think this matter is in the public interest.I am quite willing to rate your service when we finnish but do I have to do it after every question?

Expert:  Ash replied 1 year ago.
No I dont think it does qualify sadly. I am sorry.
You only need to rate once.
Customer: replied 1 year ago.

I realy do think this is an excellent service but I havent finished yet I am not shure how long I have time with you or how many times I can consult you.

Expert:  Ash replied 1 year ago.
If it is related to the same question you can keep going, but please bear in mind this is a question and answer site and not intended to replace the services of a Solicitor.
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

I have written to the Local Authority indicating that I will seek a Judicial review following any further traveller incursion in to the car park.I have set out my case and sent copies to my local councillors and also my M P.Once I have a reply from the Authority I will contact you.

Expert:  Ash replied 1 year ago.
Great.
Alex