Tree on company owned land has fallen into my garden causing damage...do i claim from the company?

[steampowered]

I'm not asking for the council to repair the boundaries - the land is owned by a company who it is I have not been able to find out the owners details as the land does not have a physical address.

 

The council have replied saying "...we are not willing to provide the details of the owner of the land as it would be breaking the Data Protection Act....."

 

They have advised me to contact my solicitor

This kind of stuff annoys me. It is clear the person writing that letter has no understanding of the DPA.

 

You may wish to write back as follows:

• With respect, even on the most conservative view the council's belief that the DPA restricts the provision of this information is not correct.
  
• Even on the most conservative view, the owner's address does not constitute 'personal data' within the meaning of the DPA. The definition only applies to biographical information and not to information such as the address of an owner of property.
  
• The DPA does not contain any absolute bar on providing information whatsoever. It only requires compliance with the data protection principles set out the act. None of these would be breached in this case.
  
• There is a specific exemption applicable to this case. Section 35 (2) of the DPA provides as follows: 'Personal data are exempt from the non-disclosure provisions where the disclosure is necessary— (a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
  (b)for the purpose of obtaining legal advice,
  or is otherwise necessary for the purposes of establishing, exercising or defending legal rights'.
  
• The exemption in section 35(2) was designed for exactly this kind of case and there can be no doubt that it applies in this situation - the address is being requested for the purposes of exercising legal rights.
  
• If they have any doubts, ask them to read the ICO's guidance or contact the ICO for confirmation. There is clear guidance, approved by parliament, on the sharing of personal data available at http://www.ico.org.uk/for_organisations/data_protection/topic_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/data_sharing_code_of_practice.ashx.
  
• They may also wish to read the DPA which is available at www.legislation.gov.uk or seek advice from their legal department. If they still believe the DPA restricts the disclosure ask them to explain why.
  
• Can also mention that it is also open to you to bring a Part 8 claim against the council seeking disclosure of the information, which would result in the council being ordered to pay your legal costs.
  

Not sure whether this will get you anywhere but worth a go?

[renegadeimp]

Use the OS reference of the land to find the owner.

[kirkbyinfurnesslad]

There is a sneaky way round this:

If you have any of your Neighbours names. Get their phone numbers and get someone to call them . Pretending to be from a developer and that they are interested in buying the land etc. That may get you what you want if all else fails....

[Purpleflowers 2]

It really annoys me the council knows the owner of the lands details but is not providing them to me under the guise of 'DPA' which is ridiculous.

 

hmmmmm what can i do now?

 

 

This kind of stuff annoys me. It is clear the person writing that letter has no understanding of the DPA.

 

You may wish to write back as follows:

 

• With respect, even on the most conservative view the council's belief that the DPA restricts the provision of this information is not correct.
  
• Even on the most conservative view, the owner's address does not constitute 'personal data' within the meaning of the DPA. The definition only applies to biographical information and not to information such as the address of an owner of property.
  
• The DPA does not contain any absolute bar on providing information whatsoever. It only requires compliance with the data protection principles set out the act. None of these would be breached in this case.
  
• There is a specific exemption applicable to this case. Section 35 (2) of the DPA provides as follows: 'Personal data are exempt from the non-disclosure provisions where the disclosure is necessary— (a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
  (b)for the purpose of obtaining legal advice,
  or is otherwise necessary for the purposes of establishing, exercising or defending legal rights'.
  
• The exemption in section 35(2) was designed for exactly this kind of case and there can be no doubt that it applies in this situation - the address is being requested for the purposes of exercising legal rights.
  
• If they have any doubts, ask them to read the ICO's guidance or contact the ICO for confirmation. There is clear guidance, approved by parliament, on the sharing of personal data available at http://www.ico.org.uk/for_organisations/data_protection/topic_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/data_sharing_code_of_practice.ashx.
  
• They may also wish to read the DPA which is available at www.legislation.gov.uk or seek advice from their legal department. If they still believe the DPA restricts the disclosure ask them to explain why.
  
• Can also mention that it is also open to you to bring a Part 8 claim against the council seeking disclosure of the information, which would result in the council being ordered to pay your legal costs.
  

Not sure whether this will get you anywhere but worth a go?

[Purpleflowers 2]

Good news the owner of the trees is in fact the landlord next door (and not the owner of the land behind my home) as confirmed by the insurance.

 

He is denying the trees belonng to him and refuses to do anything.

[renegadeimp]

Looks like you may be forced to let the insurers deal with it, or the courts.

[Purpleflowers 2]

can anyone recommend a good cctv system that I can use to cover the entire length of my back garden as in the pictures above that works well in the dark as well and with good picture quality?

 

do maplin or anyone sell something?

[renegadeimp]

There are a few good ones on the market, but youll be looking at a few hundred quid for infra red ones. Especially if you want it to be clear and have decent range.

[renegadeimp]

http://www.maplin.co.uk/p/sentient-wireless-indoor-and-outdoor-camera-with-10m-night-vision-n58hj

 

http://www.maplin.co.uk/p/addonics-540-tvl-wired-indoor-and-outdoor-camera-with-30m-night-vision-n61jn

[kirkbyinfurnesslad]

Why can't u let Ur Insurance deal with it

[Purpleflowers 2]

insurance are dealing

[Purpleflowers 2]

It appears the NFH attempted to cut down the tree (below) which part of fell into my rear garden - the NFH came out with this slip of tongue talking to the insurance people that came to visit but she blamed the landlord saying he came down with a saw and showed them how to cut down the tree and left them to it

 

I've attached pictures of the where the tree was cut down from the NFH garden side (NFH have attempted to cut down the tree from where its snapped in the picture)

 

 

The rest of the tree is now dangerous and needs to be cut right down before the same thing happens again.

 

Is the landlord or the NFH to blame?

Edited January 1, 2014 by Purpleflowers 2
edit

[renegadeimp]

Lets not get into the habit of if/maybe etc. Deal with facts and what you know, not guesswork.

[Purpleflowers 2]

The NFH told the insurance people the landlord had come down with a saw and showed them how to cut down the trees and then let them do it...

[renegadeimp]

im not debating that. Im talking about the other part. However, if the insurer finds them at fault, then theyll have to pay out. Let the insurers do what you pay them to do.

[ericsbrother]

Your insurer wont want to pay you when someone else is at fault, especially if they are insured so set them do their stuff. The only minus side is they do tend to take their time so you need to chivvy them up regarding the clearance and rebuilding of your fence

[Purpleflowers 2]

Lots of guys walk across a field using a self made walkway and into the back garden of the NFH at all times of the day, then then walk back out the same way again.

 

I don't know why so many guys are walking into the back garden through the the field and into the NFH backgarden every single day

 

Edited January 5, 2014 by Purpleflowers 2
spelling

[renegadeimp]

Simple answer, wait till theyre out and install a concealed camera covering your property but conveniently covering the walkway too. lets see this silly cow (your NFH) find an excuse for video evidence.

[topcat1802]

You could always plant a nice prickly hedge - roses make a nice hedge - one with nice big thorns on, make sure the plants are close enough together to ensure that anybody pushing between the bushes gets caught on the thorns, that should be enough to deter trespassers!

[Purpleflowers 2]

Yes its different guys at all times of the day

Edited January 5, 2014 by Purpleflowers 2
spelling

[Desperate Daniella]

If they are all different men coming in at out she could be living off immoral earnings!

[dx100uk]

drugs?

[Desperate Daniella]

The Letter Before Claim (used to be Letter Before Action) has to be a formal letter and you type LETTER BEFORE CLAIM in block capitals across the middle just before you start the letter itself.

 

Dear LL,

 

I have contacted you on many occasions about the behaviour of your tenants (names) .....

 

Then list numerically all the things they have done and the cost of removing rubbish, repairs to roof and so on.

 

Enclose an estimate for the cost and installation of a new fence, and the roof if this hasn't already been repaired, and tell him this work will be started in 14 days and you will be sending the bill to him. Offer him the chance to obtain his own estimates if he prefers.

 

Tell him that if he does not respond to your letter within 14 days with his confirmation that he will pay for the fence/roof/anything else you will immediately start a claim against him in the County Court for reimbursement of all your costs.

 

How old are the children btw?

[Desperate Daniella]

drugs?

 

Maybe more likely?

 

Maybe both!!!

[Purpleflowers 2]

...

Edited January 5, 2014 by Purpleflowers 2
spelling