Group: uk.people.disability
From: Temprance
Date: Sunday, September 23, 2007 5:14 PM
Subject: Re: Damaged Scooter saga desperation

snipped
>>
>Hi Temerance. I posted something last night, well around the wee sma hours
>really, as I was kept awake with pains.
>However, I do not see the post here, so I may have done something wrong due
>to my tiredness.
>I suggested that you use the Scottish Small Claims Court system to get
>redress against the council.
>This system is different from its English counterpart and is designed as, a
>simple to use, DIY claim through the Sherriff court system.
>
>You can get forms for the claim from a Sheriff's Clerk and, I think, on
>line. Lawyers need not be involved and you can claim up to £750 plus costs.
>
>You will find information here -
>
> /scotland/your_rights/legal_system_scotland/
>
>The URL is long so if a click on it does not get the pages then cut and
>paste the link to your browser.
>Quite often big concerns do not find it worth contesting such claims as they
>have to either tie up staff while doing so or tie up their legal department
>both of who cost more to tie-up with such work than the claim is worth.
>Especially as the Sheriff frequently awards costs to the person making the
>claim. You seem to have a rock solid case against the LA as it is their
>responsibility to see roads, footpaths and pavements are safe for the
>public. The only insurance needing to be involved should be that of the
>people who are responsible for the state of the public highways and roads.



That has been a very enlightening read. I have decided to do it that
way and will have a start when I get back from Glasgow Hospital with
daughter towards end of week. The only think I have difficulties with
is working out how much money I should claim for 13 months stress,
confinement to house for 12 weeks i think. Plus being very nervously
when I was able to get out again. Petrol is easy to work out. also
cost of Photo paper and Coloured Ink cart. Then there is also the
painful effects on my damaged arms and a year ago I was still
recovering from a major shoulder operation on the right shoulder in
filling out their forms and typing. I drove round in the dark and the
RIP sign has gone but they missed the photograph of the original
damaged pavement taped round the top of the water hydrant, which is
the one shown in the original damaged slab. You can see the scratches
on the original pavement.


Temprance