Local council !!!!!!1

[Locky]

Had our streetlamps refurbed in our street , they've cut about 2ft  off the top and fitted new head units (the light part) . I noticed they had been done last week , they are a lot brighter they say they use less electricity ..
Well today I went out to wash my van and was shocked to see all rust spots over the roof and part of the bonnet . Then it clicked ! They must have used a angle grinder of some sort to cut through the steel tube of the street lamp , letting all the sparks go over my van as it was parked under the street lamp ! TOSSERS .
I've spoke to a neighbour who said they used a hydraulic platform over my van ...

I wonder what's the best way to deal with this  ..
Just contact my insurance ?
Contact the council ?

What do you think?

[theshed]

start by contacting your council with all the details include the fact that you have a witness to say the work war carried out with the workmen suspended over the top of your van and no notice was given to enable you to make alternative parking arrangements.then if you can't come to a satisfactory solution persue a claim for the damage through the small claims court.
only after you have made all efforts to resolve the mater should you start legal action.

just what I would do and I have no experience of this sort of situation so hopefully someone with more knowledge/experience will have a more definitive answer

[Gassoon]

I've had one or two council run-ins, and find their own processes are slow but pretty fair. If your council is Worcester City try this link:

http://www.worcester.gov.uk/index.php?id=1027

You'll need photos + video of damage, the work carried out, and your van in situ, in addition to comments above, I would think...

[Locky]

I've had one or two council run-ins, and find their own processes are slow but pretty fair. If your council is Worcester City try this link:

http://www.worcester.gov.uk/index.php?id=1027

You'll need photos + video of damage, the work carried out, and your van in situ, in addition to comments above, I would think...

Thanks for that Gassoon , I filled out the online complaints form earlier ...I'm going to wait to see if they contact me over the next few days ..I've also spoke to a mate whos going to look at the damage (hes been in the car body industry 30 yrs ) .

[bencav]

Are the rust spots where the hot filings have burnt the paint and let the metyal beneath rust or are they the filings themselves on the surface that are rusting?

If the latter, and you get no joy from the council, try Bilt Hamber autoclay in the soft variety, it should pull all of the filing off the paint - Then send the council an invoice, as at £15 a pop (you will probs need 2-3) it isn't fair to fork that out due to their stupidity!

[Locky]

Are the rust spots where the hot filings have burnt the paint and let the metyal beneath rust or are they the filings themselves on the surface that are rusting?

If the latter, and you get no joy from the council, try Bilt Hamber autoclay in the soft variety, it should pull all of the filing off the paint - Then send the council an invoice, as at £15 a pop (you will problem need 2-3) it isn't fair to fork that out due to their stupidity!

I think the rust is both of the above , my car body mate thinks the will polish out with his polishing mop and paste , but he needs to see it first ..

[bencav]

bugger.

Good luck on getting it sorted! What a bunch of donkey brained t**ts though!

[gbrchill]

It may be worth reporting the incident to the Police, it could be a case of criminal damage https://secure.wikimedia.org/wikipedia/en/wiki/Criminal_damage_in_English_law. It will probably be a contractor acting for the local council and they should have public liability insurance.

It may be worth making some freedom of information requests to the council in question to find out: if and who the contractor is, what policy and procedures are in place for dealing with parked vehicles.

Find out what the council complaints process is and what time lines attach to it. Keep records of all communications (do them in writing). If you get no joy from the council (in the time frame that they say they will respond (or a reasonable alternative)) then you can move on to a complaint to the Local Government Ombudsman.

Only resort to the court when you have exhausted the other avenues.

Keep a record of the damage and any remedial action you have had to take.  You need to mitigate your loss - take actions in a timely manner so that the damage doesn't get worse unnecessarily. I would invite the council to come and inspect and record the damage before getting it repaired (with their OK). Do you have legal cover either on your vehicle insurance or your home insurance, it may be wise to get legal advice at to how you should proceed.

If things are going very slowly you can always try seeing what is happening inside the council with a Data Protection Act "Data Subject Access Request" asking for everything they hold about and this particular incident.

Also, go and talk to your local council representative and make them aware that you are not happy. Keep pestering them at regular intervals (using the official channels) but not so much as to be causing them harassment. Keep it friendly so that they want to help you to go away.

[Gassoon]

It may be worth reporting the incident to the Police, it could be a case of criminal damage https://secure.wikimedia.org/wikipedia/en/wiki/Criminal_damage_in_English_law. It will probably be a contractor acting for the local council and they should have public liability insurance.

It may be worth making some freedom of information requests to the council in question to find out: if and who the contractor is, what policy and procedures are in place for dealing with parked vehicles.

Find out what the council complaints process is and what time lines attach to it. Keep records of all communications (do them in writing). If you get no joy from the council (in the time frame that they say they will respond (or a reasonable alternative)) then you can move on to a complaint to the Local Government Ombudsman.

Only resort to the court when you have exhausted the other avenues.

Keep a record of the damage and any remedial action you have had to take.  You need to mitigate your loss - take actions in a timely manner so that the damage doesn't get worse unnecessarily. I would invite the council to come and inspect and record the damage before getting it repaired (with their OK). Do you have legal cover either on your vehicle insurance or your home insurance, it may be wise to get legal advice at to how you should proceed.

If things are going very slowly you can always try seeing what is happening inside the council with a Data Protection Act "Data Subject Access Request" asking for everything they hold about and this particular incident.

Also, go and talk to your local council representative and make them aware that you are not happy. Keep pestering them at regular intervals (using the official channels) but not so much as to be causing them harassment. Keep it friendly so that they want to help you to go away.

Err - what gbrchill just said! (think I'll print this out and keep for next time!)    

[Strommer]

Don't hang around getting quotes.  The sooner the council know what it's going to cost them the sooner it'll get to the right department.  It'll also show you mean business.  Might be worth also notifying your insurance, though this will show as a "Notification Only" claim on your file.

[Locky]

Some great advice , I've not heard anything from the council since filling in the complaints form online . I'm going to speak with my insurance and the council tomorrow and think I'll inform the police ..
Then ill see what they are going to do about it ..

[gbrchill]

It may be worth having the damage inspected by an independent third party and getting a formal report of the nature and extent of the damage and the appropriate form of repair. This will cost you - but should go into the general pot of expenses that you will be looking to recover from the council or their contractor.  You need to act quickly if there is damage that is going to deteriorate - so that you can show that you are acting to mitigate your loss and trying to get the right repair.

I would suggest writing a nice friendly letter to the chief executive of the council (his name official address will be on the council web site) setting out your problem (as you stated above) and including a comment noting that you have a third party witness to the work being carried out without regard or care to your vehicle. If you do report it to plod then include the crime reference number (it may help to focus their attention). You can end the letter telling them that you will wait 14 days for their response, giving them an opportunity to inspect the damage,  before you make arrangements to repair the damage before it deteriorates further. You need to tell them that you expect them to cover the cost of the repairs and all other reasonable consequential costs and losses.

If they fail to answer in 14 days the chief executive another polite letter informing him that you are going ahead with the repair work and that you expect their response to your initial letter within say 28 days of the original letter. At this point you will need the 3rd party damage assessment and recommendation for repair. Don't just let the mate try to polish it out, it may not work and that may make things worse. As you are expecting the council to pay for this you need to do what the expert recommends. Make sure you keep photos of the damage (before and after), close up (with a ruler for scale) and at a distance.

All along you should be talking with your local councillor.

Send all letters by recorded delivery and print out the post office web page when they are delivered, not strictly necessary but can't hurt your case (and you will be looking to recover the cost).

If you get to the month mark then it's probably time to think about making a complaint to your MP about the council's inaction and think about the ombudsman route.

You are going to need to be in for the long haul. I think I mentioned that I am not a lawyer (IANAL) and getting proper advice may be a good thing [especially if you have legal cover].

Chris

[carlos]

keep track of your man/hours used dealing not just with the council but going to police independent inspectors dealing with insurance  etc...  when it come to go to court present all that as time consumed from your daily job and loss of earning...  if you going to fight  get all the weapons  you can muster...

[Locky]

keep track of your man/hours used dealing not just with the council but going to police independent inspectors dealing with insurance  etc...  when it come to go to court present all that as time consumed from your daily job and loss of earning...  if you going to fight  get all the weapons  you can muster...

Yes I'm doing all the above , phone calls everything...

[Strommer]

I'd be inclined to say if it comes to a fight let the insurance deal with it.

[Piglumps]

This reminds me of when I was on the electricity board and we lost out on a column replacement schem on an Oxford estate. There was a big claim from the residents as they been along and painted the new columns...about 30 cars with blobs of green paint on. We went for a look and we think the painter was partially sighted and used either an 18" brush dipped in dirt and paint or his guide dog....

Good luck - apparently the rust spots can be chemically removed with Oxalic Acid.... don't try this at home folks..

[Locky]

Well I've had a phone call today from the contractor who done the work for the council . He's coming out to see my van , seems like a fair bloke on the phone ....We'll see what happens..

[Juvecu]

You'll see how fair he is after he's been told how much it will cost