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    • ok so there are 2 letters in one envelope PPS saying account passed to legal team and the one attached any guidance on next steps gratefully received
    • so tell us about the event and when you got the original NTK as this isnt it. What time did you enter the land? did you buy a ticket and then top up with the one you have illustrated or something else?   If it is local to you can you show us some images of the signage there plus the blurb on the payment machine itself, the latter is most important as that is what the contract is if the wording is different to the signs around the place.
    • Hi   QQ; I tried the IRL claim in September 2018 and Mr Lender rejected it, I tried again yesterday and they have said they are not willing to re-open the investigation and that they will post a copy of their letter from September 2018.   I understand you need to go to the FOS within 6 months if you are not happy with a complaint outcome, however, as this is some 15 months ago that time has passed.   My question is; how do I go about re-opening this complaint so that I can now send to the FOS?  am I stuck because I didn't do anything about it within the 6 month time frame?   Thanks 
    • At the moment you have the evidence they are in the wrong and arent actually sure they are chasing the right person legally speaking.   Now if their original NTK  was sent it should contain any photographic evidence they have of the event and if that shows peoploe sitting in ther car then it means there was no breach of the conditions BUT if you appeal, ask them for evidence etc you may well drop yourself in it so my advice is to sit tight and let them waste their money chasing you.   If you feel yo need to contact anyone then get on to ESSO's  people and point out that one of their concessions is busy breaking the law in the way they are allowing random people to photograph the occupants of their customer's vehicles and that you will be interested to knwo what they think of unregulated snappers photographing children without permission and would they like it if you sent someone round to do the same to them?   basically you are trying to embarrass them into taking action as the garage isnt owned by them but they do have a lot of clout and can put the place out of business with a snap of the fingers if they wish. gte details of the owners of the actual site and if Esso wont act you go after them and point out that they have employed a bunch of bandits who are breaking the law and that you are inclined to sue the  for the breaches as the parking co are merely their agents.   The last peopel you wnat to contact is the parking co as they are ignorant liars and bullies. Save  what you have until the very last moment and hit them hard at that point as they wont be able to change their story or play with their evidence at that juncture.   None of this will necessarily be a quick fix though and that is another thing the parking co's rely on, your desire to end this quickly. Peopel pay up because they " dont want the hassle" rather than because they are in the wrong. Very few parking co's get everything right so the number of proper legit cliams they can make is probably around 2% of the ones they shove out
    • A number of already existing PD loans that she has an arrangement to pay with and she's taken this one out - as the saying goes robbing peter to pay paul!
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davetee00

Virgin Media - Trespass?

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After receiving a Wayleave letter from Virgin Media out of the blue and neighbours not having the decency to discuss with me first, I denied access and did not sign the Wayleave.

 

I just returned home to find one of their contracted engineers on my property, who had lifted drain covers and laid cables in the drain along the length of my property.

 

I'm really annoyed that they would just walk onto my property and install cables without permission. What are my options please? Any advice welcome

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Is it a wayleave or a statutory or necessary wayleave?

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Did you specifically deny access on the form & return, or just did not return the form?

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They asked me to sign an access agreement which I did not sign. I emailed them the following.

 

"With regard to your recent letter…undated. As owner of this property, I do not wish to have cables or ducting running over or under my property and will not grant permission for such an undertaking.

 

Please do not contact me further regarding this matter"

 

In essence they needed permission to be on my property which I denied.

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That doesn't answer the question.

 

But I sounds like its not a stat wayleave.

 

Write to them, not email, registered saying they have 14 days to remove the cable or you will commence legal proceedings. Put a big red title at the top.. Letter before action.

 

 

However I do advise for you not to remove or dig up the cable yourself or "accidentally" cut it with a spade. This could lead to a prosecution

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You can ask them to compensate you for the trespass and to remove the offending cabling. You can issue a court claim to achieve this if they refuse.

 

What I’m unsure of is if you are entitled to “self-help” and if you can just remove the cabling yourself (making it clear they can come and collect their cable).

It wouldn’t be theft if you weren’t intending to keep the cable, but you might want to be sure it isn’t criminal damage to do so.

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Did you specifically deny access on the form & return, or just did not return the form?

 

I did not return the form as it was an online signature required, which I obviously did not sign. The email to them was just out of courtesy and they replied asking which house the installation was at.

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Will a court enforce the trespass and give damages rather than mandate the removal of the cabling?

Is there applicable judicial guidance claimants can respectfully draw to the court’s attention or is it the “judicial lottery” (dependant on the judge, on the day)

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the property might be yours but the underground drain is not esp if it serves other properties

the water company would have given perm for them to lay their cables in them ?

so don't go removing them


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It's not an underground drain. It's a surface drain covered with grating which was put in by the previous owner. Nothing to do with the water company.

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really, that's a bit silly of them then.


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Yes and it's about 18" from the front of my house...my patio and drive extend about 25' further...so they've come right onto my property.

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Follow the advice above. Only sent the letter advised if you are fully willing to go through full court action. They recieve hundreds of threats of legal action, very few ever go to court, so they will call your bluff.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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On the basis of what you say, you have an excellent chance of success.

 

Is the trespass merely that they came onto your property to let the cable – or is the cable itself trespassing on your property as well?

 

If the cable itself is trespassing then that means that not only was there a trespass in order to install it but there is a continuing trespass and in terms of damages that becomes more interesting.

 

Trespass damages would be awarded under two heads. Firstly to compensate for any damage/losses. Secondly to remedy the insult of the trespass.

 

I haven't heard you talk about any damage so far so I would expect that this head of loss would be quite minimal. Maybe even a nominal £1. The second head of damage is far more interesting and you need to think carefully about what you are going to ask.

 

In any event, you shouldn't bring a legal action unless you know what it is you are asking for and you can justify it.

 

Maybe you can tell us a bit more about the trespass and maybe put up some pictures in PDF format please


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cable is trespassing.

 

Your problem is that the judge may decide on a sum to compensate you for this and the cable stays.

 

You will have to consider what alternatives Virgin have in the routing of their cable.

 

If it is a straightforward digging up the pavement then yes, they will be expected to remove the offending wirework and place it where they have statutory permission.

 

If there is no real alternative then you will be given a cheque as quantum for the damages.

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Thread tidied


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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your pictures dont really show where the cable ends up and certainly give no indication of any alternative route. We take it as read that it is going from a public highway at the front of your property but where does it end up. Are those other houses behind yours that have access over the driveway for example.

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No.3 shows where the cable begins from under next door's property. The trunking for that was installed many years before I moved into the property. It then goes along the drain over my driveway to the garden next door pic no.3. I'm not concerned about an alternative route as long as it isn't over my property. The tarmaced piece at the end of my patio and drive is communal and owned by all three houses, mine included.

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One thing you need to decide here is what you want the end result to be, If it is complete removal of the cable from your property then think how that is going to impact on your neighbour

 

How well do you get on with your neighbour, If you get on with them and have a good relationship with them, That could all change once their services have been stopped because you objected to their service crossing your boundary

 

Years ago i had neighbours that we didn't get on with and its not pleasant, I really like having good neigbours that all get along now

 

If my neighbours needed a cable crossing under my property to get a service, I would do it without hesitation

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I did get on with the them fine,

but the fact they didn't even ask if it was ok and discuss it with me says it all really.

 

why should I give a damn about what they want?

May sound a bit harsh..

.but I think it's downright rude what they have done.

 

I intend having the cable removed.

They had TV and telephone before this installation..

.it just wasn't with Virgin Media.

 

What riles me the most is some big corporate thinking they can just do what they want on a property they don't even own.

I own my home outright and worked hard to pay for it...Virgin Media didn't.

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You get on with them fine now but what about the future?

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