Man out of pocket over failed claim
5:18pm Thursday 22nd May 2014 in News
A NEWPORT man has been ordered to pay Newport Council after he lost a claim which alleged a member of its environmental health team had acted maliciously towards him.
Shaun McGwire brought the action to Newport County Court yesterday after a council environmental health officer, Robert Davies, accidentally sent him a letter telling him that he had caused a light and noise nuisance to a neighbour on Mole Close in Bettws.
Mr Davies inspected one of Mr McGuire's neighbour's homes in March and found there was enough evidence to serve Mr McGuire with a light abatement notice.
But on the cover letter sent informing Mr McGuire of the notice, the council officer had included the mention of a noise nuisance.
The letter had been signed off by the council's environmental health officer Jonathan Keen.
Tim council later sent a retraction to him on March 28 saying that he would not be prosecuted for noise.
Mr McGuire is currently contesting the light abatement notice sent by Mr Davies.
Julian Sanders, acting on behalf of the council, said that was a mistake which had not been included on the letter sent along with the cover sheet and that Mr Davies and Mr McGuire had never met.
And he said it was "quite clear from letters that there is a dispute" between Mr McGuire and his neighbour.
Mr Davies was only doing his statutory responsibility as an environmental health officer, any mistake sent on the cover letter was accidental and no there was no malice by serving the notice.
Mr Sanders said. He said: "It was simply a typing error. It has been acknowledged.
"There was no intent to cause offence. Mr Davies was simply doing his job to the best of his ability and to his professional opinion."
Mr MeGuire said no council officer had measured the extent of the light nuisance caused in his back garden and told the court he had previously had disputes with the council in 2000.
He is required to pay costs of £664 by June 11.
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