johnhill007
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Posts posted by johnhill007
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Thanks again for your help.. The Appeal was succesful and they have waived the charge.
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Thanks for all the advise, resting with FTM Dave. Looks like we'll sit tight and just see how far they want to push this. Thanks again.
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Thanks for the continued support and advice, much appreciated.
As it's merely an Administrative oversight, with no loss to the NHS, then I'd be tempted to post an Appeal by email so they understand why we shall not be paying - but there must be a reason why Honey Bee advised against this.
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Yes, no loss to the NHS. I can't see 'the boos' being much assistance. Happy to sit on this and wait to see if they want to push it all the way if that's the suggestion.
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She actually just pays the permit one £ 10, but has to renew it every year at no cost - and that's what she forgot to do, so even worse than I first thought
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Hi. She pays £ 10 a year for an annual permit and £ 15 per month, that automatically out of my wifes wages (though currently not charged during covid period). The automatic charge is still in place she just forgot to renew the £ 10/yr permit (unless you look at the badge there is no other reminder - so understandable).
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Thank you. My wife pays £ 15/month to her employers the NHS. 40% of the time she works away from the main site where the ticket was issued.
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Thank you Honey Bee..
1 Date of the infringement 23.04.21
2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Stuck under wiper = 23.04.21
[scan up BOTH SIDES as ONE PDF- follow the upload guide] Done
3 Date received 23.04.21
4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No
5 Is there any photographic evidence of the event? Nothing mentioned/attached
6 Have you appealed? [Y/N?] post up your appeal] No - just received on windscreen
Have you had a response? [Y/N?] post it up n/a
7 Who is the parking company? CP Plus Ltd
8. Where exactly [carpark name and town] Northampton General Hospital - staff car park
For either option, does it say which appeals body they operate under. No just an email address [email protected] or post to CP Plus, PO Box 14836, London, NW3 1WT
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Hello,
my wife today (23.04.21) received a PCN from CP Plus.
She is an NHS employee working at the hospital for the past 20 years.
There is no reminder and the parking badge that she pays for ran out at the end of March and there is no system that reminds her.
The PCN is for £ 80 or £ 40 if paid with 14 days.
Is there a defence that can be used or just bad luck?
Any help appreciated.
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also let them know that their statements are reckless, frivolous and vexatious and copy your letters to all parties. This will then make anyone look carefully at any claim in the future.
Send a copy of your report and this letter to the professional body that oversees the assessors and make a compl;ain about the same. Again that wil make it harder for them to dig this up later unless they can show that it was investigated and their bloke suddenly proved to have a valid point ( not just his word). Find out the species of the trees and do a search on the local drift geology to see what the normal soil and subsoil types are. Council or library should have some suitable scale maps.
This sort of garbage is normal for insurers looking to play pass the buck
That's great, thanks very much ericsbrother, really useful.
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BTW if the house goes on sale the "Notice of future risk" will need to be declared to any potential buyer and this may affect the value of the property. I would tell the insurers that before they put any such notice I would want them to carry out a full investigation at their expense. I am not sure but perhaps they could be taken them to court to remove the Notice if they keep the Notice but do not do a survey?
Excellent advise, that I shall follow, thanks again.
Best regards
John
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The third party Insurers or the company acting for them, have every right to give notice about risk presented by trees in a garden.
Your B-I-L's only responsibility is to take reasonable precautions, by maintaining his garden. He has to be careful, as say three years down the line, the neighbours Insurers start litigation for further subsidence damage and he gets his Home Insurers involved, as he will have liability cover under his Home policy. The Home Insurers may say that they were not made aware of the previous correspondence, so they won't help, because they had no chance to review the situation.
I would suggest your BIL sends copies of all correspondence including the reports and photos of the garden to his current Home Insurers. If the neighbour has trees which present a relevant issue, perhaps send pictures of those as well.
Making the current Home Insurers aware of this, may prove very useful, for the reason given. Also if your BIL makes them aware, then if a future Insurers asks him whether he notified his Insurers and if so, what did they do, then he can answer this.
That's perfect, thanks. The small tress in my brother-in-laws garden won't get any bigger. However, I have responded with your suggested reply about their much larger conifers in their clients front garden that appear to have caused some damage to their clients own property - putting them on notice. Thanks again.
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Thanks King12345, the neighbours have huge conifers in their front garden that have appeared to have caused some cracking to their own front wall - I think I'll put them on notice of that
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Some trees were there before, some afterwards. They are small, not sure of the type, but they have had no impact on the wall seperating the properties so the claim was really unfounded.
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Thanks Honeybee
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Thanks for everyones feedback, all relevant and all very helpful
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Hello,
My brother-in-law received a lengthy report, from assesors acting for insurers, staing that his trees in the back garden had caused subsidence to his neighbour extention. A complete nonsense as the trees are tiny. My brother in law commisioned his own report which stated that the complaint was utter rubbish - mentioning poor quality build of the extension = basically the claim was frivillous and vexatious.
The assesors have now written back stating:
I have been advised that, as the level of damage occurring to our insured property is slight, and, taking into account the lack of evidence to support the OCA Report recommendations, at this present time your vegetation removal is no longer required.
However, you are placed On Notice of future risk. This means that although your vegetation is no longer requested for removal it has been implicated and therefore must be considered as a future risk. Whilst you have advised you will not be mitigating at this present time you may give consideration to taking some action in the future to prevent any further possible damage occurring to our insured property by your vegetation.
My file on this matter is now closed and I thank you for your time in dealing.
Tree Mitigation Specialist
Oriel Services Limited
Oakleigh House, 14-16 Park Place, Cardiff, CF10 3DQ, GB
My brother-in-law clearly doesn't want the threat hanging over him, having to mention this to his own future insurers, but is not sure how he should respond to counter this - any ideas please? Perhaps respond that his neighbours are also on notice of their vexatious complaint, or something.. basically put up or shut up.
Regards
John
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Finally, it went to court - they didn't turn up, they sent a letter the next day saying we had settled and they were dropping the case - news to me, didn't pay a penny apart from the contribution o this site - good job guys, and thanks again..
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Yes a copy of the Bill of Sale was obtained from the purchaser of the car and submitted with my sons Defence. The case though does not appear to relate to the PE v Beavis case in front of the SC. Happy to let things play out, but I can't see it has any baring on my sons case.
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Mike,
Nothing for ages now a letter from the Court saying:
1. Claim stayed pending appeal of claim to the Supreme Court
2. Claimant shall inform the Court once the Supreme Court's judgement is delivered
3. Any party affected by this order may apply to have it set aside, varied or stayed..
I could be wrong but it sounds like PE have others in the same position as my son.. will keep you posted. PM me if the details (names) are of interest.
Thanks again.
John
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They killed a tree to print that garbage on, not sure why it bothered responding [where's the other 11 pages]?
There is no onus in tort or contract to respond to its invoices, never has been and probably never will be all the time I've got a hole in my a***
Send it a copy of the invoice which I'm sure you prepared at sale and have safely tucked away along with a demand for your reasonable costs of serving it same. State that you view its request for disclosure and evidence as a part 31 request and per CPR 31.15 you now require payment of your reasonable costs forthwith.
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31
Thanks Mike,
The other 11 pages were just dross; picture of the car in the car park, copies of their ever increasing invoice, etc nothing that appeared relevant. Not sure why they feel above the law in everyone having to respond to their invoices and demands. Perhaps they can explain this to the Judge if they dare show their face in court..
I'll have my son make an extra search for that Bill of Sale you mentioned.
Does my son respond to this or should he simply wait for the Court papers to come through with the date and respond then?
Thanks again
John
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Hi,
PE have responded to my sons Defence (copy attached). First part relates to the Claim then they seem to have done a copy and paste job as if my son was there and had seen all their pretty sign-age. Doubtless my son will win the day from just being honest, but would appreciate it if you could cast your eye over what these rouges have responded with in case he does need to ask the new owner to come along and state the facts.
Thanks again.
John
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Hi Mike. Confirmation from the Court received today that Defence has been filed and passed on to PE. Note to self:
1. Respond in good time
2. Web based responses don't always work on this site - so file manually
3. Contribute £45 to CAG when matter settled this being, in my opinion, the amount a 'reasonable' charge would have been for overstaying the parking limit.
Shame about the decision announced in the High Court today about PE, I'm sure this will get sorted out on Appeal.
Thanks again, good to have the help of experts.
Cheers
John
CP+ Windscreen PCN - Northampton General Hospital - staff car park - NHS Worker expired paid for staff pass ***Cancelled by CP+***
in Private Land Parking Enforcement
Posted
Hi, the Appeal was by email to CP Plus. I made 4 short bullet points and they responded a couple of weeks later.