Jump to content


  • Tweets

  • Posts

    • Sorry dx100uk   I have uploaded via the site now, I had trouble uploading it to the site before
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx     dx    
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
  • Our picks

davetee00

Virgin Media - Trespass?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 543 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

Is it a wayleave or a statutory or necessary wayleave?

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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)

Share this post


Link to post
Share on other sites

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


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 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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


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 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

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


Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...