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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 16654
Experience:  Senior Associate Solicitor
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My nane is colin ** i lived at flat 15 camrose tower

Customer Question

my nane is colin ** i lived at flat 15 camrose tower nechells. i keep having my car striped. the council say it is not there problem.yet there have stickers saying cctv is in operation 24hours what can i do JA: Where are you? It matters because laws vary by location. Customer: as i said i keep having my car vandalize. three times now.i doan't know what to do JA: What steps have you taken so far? Customer: my car have alarm . plus i have to stay awake most night. i'm 76 years old. JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: first time my car was strip the council put a gate. but there still walk through and strip my car three weeks ago

Submitted: 9 days ago.
Category: Law
Expert:  JimLawyer replied 9 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 9 days ago.

Sorry to hear of the issue.

It does not sound like the council is doing enough to deter antisocial behaviour (they have a duty to take action).

In my opinion, you need to make a formal complaint to the council to say that you do not believe they are doing enough and that they are failing in their duty to minimise the antisocial behaviour.

You can make the complaint by telephone or in writing - it would be your choice.

The council should give you their final response - and if that does not resolve this, you can then involve the Local Government Ombudsman (LGO) : https://www.lgo.org.uk/make-a-complaint

The LGO may be able to help but you would need to firstly exhaust the council's complaints procedure, unless you have done this already.

The Ombudsman scheme is free of charge and quicker than court action. As it is an arbitration scheme, the Ombudsman’s decision would be binding upon the council if you accepted the decision.

If the Ombudsman does not uphold your complaint, or you disagree with their decision then there is a legal remedy available against a council with it being a public body.

You can issue "Judicial Review" proceedings which is where you involve the court, and a senior judge or panel of judges looks at the legality of a council's decision.

If the judge(s) find in your favour, they will make an order which is binding on the public body (e.g. they may say the public body’s decision was invalid or indeed illegal) and they are then forced to act to sort the problem out.

Further, if your human rights were breached then compensation may also be payable. The issue with judicial review is that the cases are quite complex, but as a result of that, a law firm can usually recover their legal costs from the council if they win the application. You should be able to obtain a no win no fee agreement with the law firm, to sue the council.

Or if you are in receipt of means tested benefits then legal aid may well be available to you. Here are a few firms who specialise in this area :

https://www.irwinmitchell.com/personal/protecting-your-rights/judicial-review

https://www.kingsleynapley.co.uk/services/department/public-law/judicial-review

https://www.ellisjones.co.uk/personal/dispute-resolution-solicitors/judicial-review/

I hope this helps - please feel free to ask me anything else.

Expert:  JimLawyer replied 9 days ago.

I hope this helps

Expert:  JimLawyer replied 9 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Expert:  JimLawyer replied 9 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim



Customer: replied 9 days ago.
I will just cancel. Because I don't think you can help me.
Expert:  JimLawyer replied 9 days ago.

Hello, sorry to hear that however I have set out the answer with my view on how to resolve the matter.

We can't act for you as we are not a law firm (we are an internet forum) - we provide information in a Q&A format.

If you want to cancel could you please let customer services know by email -***@******.***.

Thanks

Customer: replied 9 days ago.
Cancel it. Not going anywhere.
Expert:  JimLawyer replied 9 days ago.

I will ask customer services for you.

Thanks for visiting Just Answer, have a good day.

Jim