TRISHA BRECKMAN (73) thought that 13 devastating years were coming to an end.
She thought that, having received a full apology from Dyfed- Powys Police for being wrongly arrested several times for alleged harassment, and after the evidence she and partner Eddie Roberts (79) had amassed of victimisation by neighbour Andrew Thomas, a scrap metal dealer, and his late wife Karen, their lives might return to normal. She thought that evidence of their victimisation by Carmarthenshire County Council and by the police might be the start of an unhindered path towards compensation for stress, ill health, and the loss of the opportunity to start a cattery business for which she and Eddie had planning permission.
How wrong she was. The council is denying any liability.
WHISTLE BLOWERS
The pensioner couple, from Pantycastell Fach, Maesybont, were whistle-blowers about failings in Carmarthenshire’s planning control activities, failures later corroborated by a planning inspector and by the Public Services Ombudsman. In response, the County Council labelled the duo as persistent complainers and officers were instructed not to respond to them.
Trisha and Eddie bought Pantycastell Fach in 2003, in total ignorance of complaints on file in Carmarthenshire’s planning department about unauthorised industrial activities at the neighbouring farm, Blaenpant, where a haulage business was operating without planning permission – a fact which the planning department opted to deny, despite filmed evidence to the contrary. Quarrying, welding, scrap metal cutting, tyre burning and other industrial processes were also taking place.
Trisha was arrested five times for allegedly harassing Andrew Thomas and the late Karen Bowen Thomas, although filming shows Trisha and Eddie being harassed, probably in retaliation for telling the council about industrial operations on Blaenpant next door. The stress and costs of trying to tackle the harassment, which included the installation by Andrew Thomas of motorway-style crash barriers to narrow the access track to Pantycastell Fach, and the erection of lockable gates across the track, meant that the planned cattery business was never launched.
ZURICH MUNICIPAL TAKES THE CLAIM
The sorry saga, which was catalogued in The Herald’s August 26 issue (p.10), led Trisha to a meeting in April with County Council Chief Executive Mark James to discuss compensation. On May 16, Stephen Morgan, in the Audit, Risk and Procurement Department at the County Council, wrote to Trisha Breckman confirming that the ‘matter has been referred to the council’s liability insurers, who are Zurich Municipal… the Carmarthenshire team at the insurers will be dealing with your claim’. The letter states in bold type: “The basis for the claim is that there has been fault on the part of the council, and it is therefore necessary for you to prove that they have been negligent in law.”
The letter ended with a warning about preventing and detecting fraud.
WEIGHTMANS’ ‘SUCCESSFUL TRACK RECORD OF DEFENDING A WIDE VARIETY OF CLAIMS’
June, July and August went by, and Trisha heard nothing, so she decided to phone Zurich for an update on progress, only to learn that Zurich has passed the claim on to lawyers Weightmans LLP, whose website says: “The Weightmans local government team provides defence and supporting legal services relating to all civil claims against local authorities.
“We have a successful track record of defending a wide variety of claims including simple trips and slips, professional negligence claims against social services and education departments, stress, harassment and bullying claims, human rights cases and officials’ indemnity matter (sic).”
CLAIM REDUCED TO ‘LOSS OF BUSINESS OPPORTUNITY’
This week, Trisha Breckman spoke to Andrew Cooper, a partner in Weightmans and head of their National Public Sector Group. She then received an email from Mr Cooper saying: “When we spoke, you said that you had suffered losses and injury as a result of the council’s actions. I explained to you the type of evidence that you needed to produce in support of any such claim. Indeed, it would be very helpful if you could provide an idea of the amount of the financial losses which you wish to recover. You said that your proposed business did not get going because of the council’s negligence so it would be very helpful if I could see:
Any projections for your business, especially those provided to the bank: as discussed, you cannot recover the income lost as of course you would also have costs associated with your business. You can, though, seek loss of profit.
Any evidence substantiating those projections.
Any correspondence with the bank about a loan.
The dates when you seek losses from.
Tie-in the dates from when you seek losses to the dates of any negligence by the council.
We discussed the fact that this is a ‘loss of chance’ claim as there was no guarantee that your business would be successful.
You also said that you had suffered injury, so if you have any medical evidence, for example from a GP or psychiatrist, that would be helpful.”
COUNCILLOR: COUNCIL’S NEGLIGENCE CAUSED UNTOLD DAMAGE
Cefin Campbell, Trisha’s local County Councillor who has given strong support to her and Eddie, is disappointed at the attitude adopted by the council’s insurers and the insurer’s lawyers.
He told her: “My worry is that the insurance company is missing the point! The loss of earnings from your proposed cattery is not the main issue here but the untold damage that the council’s negligence has had on your physical and mental health.”
He added: “You deserve some form of compensation for your suffering and this is what should be emphasised more than the loss of opportunity from your aborted business!”
“It’s like having to start all over again,” said Trisha Breckman. “Far from accepting the findings of the police, the planning inspector and the Ombudsman, the council seems to be set on defending itself against our claim. To press ahead, we really need to have a legal team of our own, but after all that has happened, and the legal bills to we incurred in the fight to prove our innocence, there is no way we can afford new legal costs.”
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