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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

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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
Hello my name is ***** ***** I will help you with this.
How are they allowing it please?
Customer: replied 2 years ago.

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

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?
Customer: replied 2 years ago.

howjdo I?apply tothe court for a ureview

Customer: replied 2 years ago.

howjdo I?apply tothe court for a

judicial review?

You need to fill out this form:
Does that help?
Customer: replied 2 years 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.

Yes if you are going to do that you need to follow a pre-action.
Does that help?
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.
Customer: replied 2 years 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?

No I dont think it does qualify sadly. I am sorry.
You only need to rate once.
Customer: replied 2 years 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.

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.
Ash and other Law Specialists are ready to help you
Customer: replied 2 years 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.