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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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mrk123

Received a NOTICE INTENDED PROSECUTION. 39 in a 30 zone

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I think the general jist is for me to own up to a speeding offence.

 

I do not remeber this incident though, as in the location and why I would have been there..

 

'I' was apparently doign 39 in a 40.

 

I have never had a speeding ticket or one of these in the door. I did get a DD10 (drink and drive) and that was 4 years and 7 months ago so nearly up. Clean license.

 

Should I just sign it and own up or challenge it, I am meant to be leaving the country end of January..

 

What are my options?

 

Thanks.

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39 in a 40?

 

dx


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

 

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39 in a 40?

 

dx

 

Sorry - 39 in a 30.

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They're not chasing you just yet. They're looking to find who the driver was. First port of call is the registered keeper.


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

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They're not chasing you just yet. They're looking to find who the driver was. First port of call is the registered keeper.

 

OK that makes sense, so what if I said it wasn't me and I could not prove anyone else weas driving, it would land on me yes? As honestly I do not remeber driving there. What shoula I do now?

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If you dont name another driver, then it will be assumed it was you unless you can prove it wasnt.

 

You could always ask to see the evidence they have, but im not sure if that will remove the option of you getting a FPN, and instead it goes to court or not.


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

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Er..I don't think so.

 

If you do not provide the driver's details the speeding matter cannot be prosecuted as there is no evidence who was driving.

Instead you will be prosecuted for failing to provide driver's details.

This means a court appearance, a hefty fine, six points and an endorsement code (MS90) which insurers hate.

 

You can ask for "any photographs which might help identify the driver".

They are not obliged to provide them but usually do (by providing a link to a website).

The photographs usually do not help in that task.

 

You are not entitled to any evidence unless the matter goes to court.

You should be offered a Speed Awareness Course for that speed provided you have not done one for an offence that occurred in the three years prior to this one and that the offence was not in Scotland (where courses are not offered).

 

It's your choice whether you ignore all this as you are leaving the country.

If you do the matter will be heard in your absence and any fines that are imposed will be waiting for you if and when you return.

 

By the way, you do not currently have a clean licence.

Endorsements for offences involving alcohol or drugs remain on your licence for eleven years and are active (in the event of a another similar offence) for ten years.

Edited by dx100uk
quote/spacing

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Looks like I better own up, so couls be a chance to do a course... ?

 

Do you know how soon these can be done, or could I opt to do one in 5 or 6 months?

Edited by dx100uk
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No, you cannot do it in five or six months.

 

You have to complete it within about four months from the date of the offence (this is to give them time to prosecute

- which they must begin within six months

- if you fail to do the course).

 

At the very least you should name yourself as the driver and avoid the more serious charge of failing to provide driver's details.

 

After that you need to decide what you want to do.

 

If you're not going to be here for a few months that largely rules out a course or a fixed penalty.

 

Speak to the ticket office to see if they have any suggestions.

Edited by dx100uk
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If you are 100% sure you wouldn't have been there you could ask for photos and check if it is your vehicle or a clone?

The NIPs are sent out relatively swiftly so you should have some idea whether being there was even a slight possibility. The other option is being able to prove you, and more importantly the car, was elsewhere.

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