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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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battyman

Where do I stand if the concrete pointing has fallen from my house onto my neighbours car?

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I don't know if this is the correct place to post.

 

I have a linked detached house and it isn't in the best of repair.

We had very high winds last week and some of the concrete pointing fell out (the wood on the fascias has rotted) onto my neighbours drive, luckily her car wasn't there but she has said if her car had have been damaged she would sue me.

Can she do that?

 

I haven't the money for new fascia but have had a roofer round to make it safe.

I just wanted to know for future reference.

 

Also my fence was blown down nearly so it is leaning but not blown over.

She has told me I need to get it fixed immediately as she cannot weed her garden

 

. Again does anyone know where I stand legally.

Thanks for any help you can give me.

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Yes. She probably could sue you. You – or if you are renting, your landlord, are responsible for keeping your property in good repair at least to the extent that it doesn't cause any danger to anyone else.

 

If your fence is leaning over it onto her property or even over it, then you are effectively committing a trespass and you could be sued for that. Alternatively, if she simply wanted to take action in respect of the interference with her ability to maintain her garden, she could see you for a nuisance.

 

I'm afraid that house ownership comes with certain responsibilities. It's much better in the end, to maintain the property at least so it doesn't cause any bother to anyone else – and it's much better for good relations with your neighbours as well.


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Firstly, it is a condtion of House Insurance that property should be kept in a good state of repair to reduce risk of liability to Insurers.

 

Buildings Insurance includes liability cover for the owner and Contents Insurance includes liability cover for the occupier.

 

If part of a house damages a neighbours property, it depends on whether the owner or occupier could have prevented liability being created. If you don't maintain a property in a good state of repair and you know this to be the case, then you risk your Insurers not covering any liability to the neighbour. It is quite often the occupier that is liable, if they knew about the potential liability issue but did nothing about it. As soon as you notice any potential issue, you should seek to make a property safe or if you are renting immediately advise the landlord/letting agency,


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As others have said you need to make your roof safe and if you don't your insurance company may refuse to pay out if a claim is made and they can prove the property was not maintained - that will be a clause in your building insurance. Regarding the fence I would be writing to your neighbour and asking for permission in writing to enter her property to maintain and repair the fence. Do not undertake it until you have got permission, if she doesn't want to give permission then tough, the fence can fall down and there's little she can do as you have made reasonable effort to gain access to effect a repair. Also remember that while you need to make the fence safe, it doesn't have to be pretty, she might not like it and end up putting up her own fence - problem solved (just saying).

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