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    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
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stevehatesbankers

VCS PCN Claimform - operator photos - no stopping Gallagher Leisure Park sc@nthorpe

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Just received a NTK from these chancers for allegedly Stopping in a Zone where stopping is prohibited.

It was near Scun thorpe Football Club.

 

I certainly didnt see any signs highlighting this.

 

I have read numerous posts on here about ignoring

 

however, I dont want any negative marks on my credit file.

 

Any guidance would be appreciated.

Edited by dx100uk
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Hi .. I have moved your post to the Private Parking Forum so that you will get better help. Keep posting here.

 

Can you answer the questions here please

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket&p=4883055&viewfull=1#post4883055


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And post up the ntk, suitably redacted and in pdf format, please....

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Exact location plus dates of event and date you got the demand as well please. They are most important

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For windscreen tickets (NTD) please answer the following questions.

 

1 The date of infringement? February 2018

 

2 Did you appeal to the parking company?

 

If yes, has there been any response?

If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence? Just received so haven't appealed it yet. An NTK received and photo evidence provided

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) Contravention Reason 46) Stopping in a zone where stopping is prohibited

 

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] N/A as yet

 

5 Who is the parking company? Vehicle Control Services Limited - Site name Gallagher Leisure Park

 

For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement 17/02/2018

 

2 Date on the NTK 23/02/2018

 

3 Date received 28/02/2018

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we only needed the text so ive copied it to your post

 

can you scan the NTK please to PDF


please don't hit Quote...just type we know what we said earlier..

 

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When people ask for the exact date we want that and the time as well.

you MUST READ carefully what is asked or you will end up with problems of your own making.

 

Now start again with the letter they sent you through the post or the ticket affixed to your vehicle or give us the details so date, time, exact place, what contractual condition you allegedly breached etc, who the parking co is and whether they have put the correct loaction on their letter

Edited by honeybee13
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I didnt think you would need exact times etc.

Do these companies not trawl the forums to see who is seeking assistance

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I have looked at the site in question with Google Street view and I can see nothing so a visit to the site is in order for you to get pictures of any signage there. All I can see is a cabin at the entrance and a sign stating something about access for the emergency services. This area is at the Odeon cinema but the camera car did not go into the site as it's private land.

 

On the cabin is a small parking sign (far too small to form any contract) I also cannot see any ANPR cameras at the entrance so that is another thing for you to look for.

 

As this is VCS, they don't use PoFA to chase the keeper. They assume the driver is also the keeper and follow that blindly. If this went to court they would have a hard job saying you were the driver even though you are the keeper as anyone can drive your car if you allowed it and as long as they had their own insurance which would then give them third party cover. You don't even have to tell the judge that you were the driver.

 

Once we see pictures from the site, more advice will be given


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it doesn't matter they read here

 

infact its an advantage


please don't hit Quote...just type we know what we said earlier..

 

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then as soon as they recognise a case they are more likely to drop the matter as they know that you will cost them money.

 

We asked for somehting that is critical and have asked twice so post it up or you wont get any help that means anything.

 

It is not about parking any more, it is about contracts and they have to jump through a lot of hoops to create one that means anything so the more we know about that the easier it is to show you where they have gone wrong.

 

I didnt think you would need exact times etc.

Do these companies not trawl the forums to see who is seeking assistance

Edited by dx100uk
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They cannot force anyone to name the driver as it is a Civil not criminal matter, so their favourite cases do not and cannot apply so Elliott V Loake, and AJH Films are not applicable no matter what they claim.

 

As to Norwich Pharmacal to force the driver to be named, too expensive and useless for that purpose.


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please don't hit Quote...just type we know what we said earlier..

 

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I have managed to find the place where the alleged infringement took place. It is around the Old Farmhouse pub which is near to the rear or the Travelodge. Not easy to find. I suspect there was a camera car around. Did you park in the pub car park? That is the only place I can see any CCTV.

 

As it stands, I can remember no cases where VCS have taken court action using the no stopping rule


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As it stands, I can remember no cases where VCS have taken court action using the no stopping rule

 

They have tried it at least once. VCS v Phillip. C9DP2D6C @ Liverpool CC 07/12/2016

 

It did not end well for them :lol:


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They have tried it at least once. VCS v Phillip. C9DP2D6C @ Liverpool CC 07/12/2016

 

It did not end well for them :lol:

 

Bookmarked with thanks. I don't remember seeing that one before :-)


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Hi Silverfox, it is the road leading up to the Farmhouse pub. It wasnt in the car park

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The signs along that road are prohibitive in nature (NO STOPPING) therefore there can be no 'meetings of mind' and as such, only the landowner can sue and for trespass only which if no damage was done then a nominal £1 is all the landowner could get.

 

I don't see this getting anywhere near a courtroom.


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I would ignore everything but court papers. Let them waste their money on chasing you. IF it does get that far, it would be either Gladstones or BW Legal doing the leg work but when it comes to actual court, they get very shaky because they know that a well defined counterclaim or even a simple defence would see them off.


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Yep, if you get a letter from the solicitors it will be sensibkle to respond to that pointing out the problems with their clients claim and the fact that they know this from previous experience and you expect them to obet the SRA and court protocols and warn ther client they have no claim

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Thanks Silverfox and ericsbrother. I will ignore for now. Will keep you informed of any further correspondence

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Well surprise, surprise, the second letter has arrived increasing the fine to £100 stating it has to be paid within 14 days of issue. They have also requested the name and address of the driver of the vehicle

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they cna request it, no obligation or inference if you dotn oblige

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Fine?? Doesnt say that does it?


please don't hit Quote...just type we know what we said earlier..

 

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