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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70645
Experience:  Over 5 years in practice.
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In 2015 I was refused an extension disability badge

Customer Question

In 2015 I was refused an extension for my disability badge to drive my car, which I had for years. I am 83 and live alone. in summer last I therefore decided to go on the free bus in the city centre to avoid parking costs .I do not have a large pension. After the accident when \I fell in front of the bus, I broke my radius in a big fall and it broke badly , needing an extensive operation.After that, the council decided to renew my badge because I made a complaint. Unfortunately too late to stop the fall. I am not used to public transport as I made clear to the issuing authority, in writing When I objected to the refusal.Unfortunately
I needed an other operation to deal with complications to my l arm before X mas.Ofcourse I did not drive for a long time and had to rely on others.
Wakefield council put the matter in the hands of GALLAGHER BASSETT solicitors who have now written to me to let me know that the council is not responsible. But do not even mention the fact that it is all due to the badge refusal in the first place. Just swept under the carpet.
I am now hopeing that you can advice me which way forward as I wish to find independent advice from a solicitor.If I can afford that.
I hope you can hold my hand in the process
Lucia van der Valk
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
I would like to contest the answer from Gallagher Bassett solicitors who wrote me on behalf of the Wakefield Council.
I believe the Council needs to compensate me financially for the trouble they have caused me, ie 2 operations on my wrist, and months of pain.
I am attaching their letter for your reference.
One point is according to their response it seems only a 'second' person to suffer injury from a place where an accident happens can get the attention of the Council to do something about a situation, also they mentioned there was nothing wrong with the pavement where I had my fall. As I am the first person to have a fall in that location it seems this does not count, which is not an acceptable response.As I mentioned before, I am an elderly person and I have not used buses in many years, as I had a disability blue badge for close to 20 years, at that time my badge renewal had not been accepted by the Council, and shortly after this I had a fall breaking my wrist in many places.After this I contested the badge refusal and I was granted a badge a few weeks later, as I have a heart complaint.My main point is I believe it's more a case of needing to sue the Council for refusing a disability badge arbitarily to an elderly person with a genuine need, whereafter I had this accident. The Council's solicitor is only saying there is nothing wrong with the pavement, but I would like to point out the shape of the pavement at the bus stop is not one level, it is curved. So it may not be in need of repair, but it is an unusual shape.The point is the Council had refused my badge which put me in a vunerable situation which I was certainly not used to, and this needs to be contested. This point has not been mentioned by the solicitor.Please let me know how to contest this letter and who do you recommend to deal with this situation or will you deal with it yourself?
Expert:  Jo C. replied 1 year ago.
Sorry if I am missing the point but I am not sure what basis there is for your claim?
Are you trying to claim on the basis that there refusal to issue a blue badge caused the accident? If so, I can only give you bad news.
Even if you could show they were negligent, which is not that simple, the loss is too remote and there is also a break in the chain of causation.
If you are trying to claim on the basis that there is an odd shape to the pavement then you will have to show there is a trip hazard. That seems to be disputed by the other side.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Yes I am trying to claim on the basis of the badge refusal. I think the Council's decision was very negligence and it should be contested. They refused me a badge not taking into account my heart condition and overall health which put me in a situation which I was not used to. I don't agree that there is a break in the causation.
What can be done about this? Can you give me a letter to reply to the solicitors and reply to the Council?
Expert:  Jo C. replied 1 year ago.
Thanks.
I'm really sorry but you have no claim.
This isn't negligence. It might well be a decision that was overturned on appeal but that doesn't make it a negligent one.
Even if it were negligent, the loss is too remote from the decision. That decision is not what caused you to fall in front of that particular bus.
Moreover, there was a break in the chain of causation as it was a bus that you fell in front of not the decision of the council.
Customer: replied 1 year ago.
Me falling in front of the bus was a direct result of the Council's decision to refuse the badge. I believe they should be sued. Don't you think so?
Expert:  Jo C. replied 1 year ago.
No. I am sorry but it is just plain not. Anybody could fall anywhere. It is nothing to do with the decision of the council.