Shared drive - Dropped Kerb without my permission

#1
Dear Colleagues,

I share a drive that runs between my house and the person next next door. I was away on holiday and came back to find a dropped kerb and my neighbour has started to park his car in the drive way - blocking access on my side of the drive to my front door.
I have checked the Council's requirements and the form to apply for a dropped kerb requires written consent not only from my neighbour (who made the application ), it also requires my written consent, which I have never given. My suspicion is that my neighbour has conveniently 'fabricated' a letter with my name in order for the application to be granted. What I wanted to ask is:

1) How do I rectify this problem ? - so that I can get the dropped kerb raised again because it was done without my consent.
2) Can I claim damages / compensation against the Council for negligence ?.
3) Do I have any claim against the neighbour ?.

Thank you
 

Jeffrey Shaw

Member
Staff member
#2
A. Who actually owns the whole drive: you alone, neighbour (N) alone, part each, or what else?
B. You can demand that the Council provide you with copies of whatever forms/letters N submitted. Warn them that you are exercising a right to this (just in case they whimper about data protection etc) and mention too that you believe a criminal offence might have been committed by N.
C. Also keep a note that, if they refuse, you may be able to complain of maladministration- perhaps via your ward's elected Councillors.
 
#3
A. Dear Jeffrey, I will try to find out.

If the Council refuse to provide the documents after my request, would it be worth contacting the Office of the Information Services Commissioner ? ( the body responsible for ensuring that data protection procedure is followed correctly by Councils ).

If I do obtain the fabricated letter from the Council, is it evidence of fraud by false representation ? ( section 2 Fraud Act 2006 )
 

Jeffrey Shaw

Member
Staff member
#4
I do not know re the Information Commissioner- but I doubt that he would consider there to be any breach (data protection) as yet.
Rather, you need to make a formal request to the Council. They should not refuse a data access demand.