advice or help

[Gary Prentice]

19 minutes ago, eggsarascal said:

Would it matter, in court. if there was a TPO if Jose has it on emails/paper from the council that said there was no TPO?

 

 

 

Yes, it would, as I said three pages back. 

If there is and it’s been contravened, the defence is that despite every reasonable attempt to ascertain the status of the trees, the LA consistently failed to provide the correct information.

 

Id refuse the caution, if everything is as has been claimed. The legal dept are extremely unlikely to risk a court case highlighting The consist failure of the council

 

 

[eggsarascal]

1 minute ago, Gary Prentice said:

Yes, it would, as I said three pages back. 

If there is and it’s been contravened, the defence is that despite every reasonable attempt to ascertain the status of the trees, the LA consistently failed to provide the correct information.

 

Id refuse the caution, if everything is as has been claimed. The legal dept are extremely unlikely to risk a court case highlighting The consist failure of the council......... And keep up at the back,  Egg.

 

 

Ok.

[kevinjohnsonmbe]

38 minutes ago, Gary Prentice said:

Is there a TPO or not?

 

 

33 minutes ago, eggsarascal said:

Would it matter, in court. if there was a TPO if Jose has it on emails/paper from the council that said there was no TPO?

 

 

 

There’s been no answer to that question! 

 

I’m going for the money shot!

 

Colonel Mustard, in the Library with a lead pipe....

 

Or, to put it another way, based on the information provided (and, perhaps more importantly, not provided):

 

There is a properly established, pre-existing TPO....

 

The homeowner has always known there’s a TPO but wanted to find a way round it so did a bunch of checks for nearby areas but specifically NOT the area in question ....

 

Showed a bunch of previous correspondence to a contractor (if we hadn’t guessed) and contractor was sufficiently satisfied by what, on the face of it, looked like a genuine and diligent process and cracks on.....

 

LA are understandable disgruntled and take appropriate action....

 

Contractor has fingers burned by fly operator and stands to face penalty....

 

How’s that? A million miles off or pretty close???

 

[Gary Prentice]

Half hr ago Jose said he'd searched personally. Or that's the way I'm reading it.

[eggsarascal]

3 minutes ago, kevinjohnsonmbe said:

 

There’s been no answer to that question! 

 

I’m going for the money shot!

 

Colonel Mustard, in the Library with a lead pipe....

 

Or, to put it another way, based on the information provided (and, perhaps more importantly, not provided):

 

There is a properly established, pre-existing TPO....

 

The homeowner has always known there’s a TPO but wanted to find a way round it so did a bunch of checks for nearby areas but specifically NOT the area in question ....

 

Showed a bunch of previous correspondence to a contractor (if we hadn’t guessed) and contractor was sufficiently satisfied by what, on the face of it, looked like a genuine and diligent process and cracks on.....

 

LA are understandable disgruntled and take appropriate action....

 

Contractor has fingers burned by fly operator and stands to face penalty....

 

How’s that? A million miles off or pretty close???

 

If you are correct my sympathy as dwindled away. 

[eggsarascal]

He also said 'if it went to court and the case was closed he'd still have a conviction'. Don't cases get closed before they go to court?

 

I also can't see how you can get a conviction if you won the case.

 

did I read his earlier post correctly?

[Alex O]

Will it all not go on record?

[Khriss]

..think we have put this one to bed - fr both parties - am baffled now - plus as we have discussed this in the public domain , this case cannot go to trial , as either party could claim an unfair trial . K

[daltontrees]

If there is a TPO you have either been set up (and you have acted in good faith and have been wifully mislead bya customer) or the Council has failed to disclose it after diligent search (and a prosecution would fail, see my earlier reference to Vale of Glamorgan BC v Palmer and Bowles). If there isn't a TPO there's no case to answer.

 

Let's be absolutely clear. Although felling a TPO'd tree is an outright offence and you might only hope to get a way with an admonishment (or a caution if you don't go to court) there is a valid legal defence that it's not an offence if you couldn't have known there was a TPO. Tell your brief to have a look at the case. 

 

My favourite quote about the law is that "The law is best applied when it is subservient to the honesty of the case". If you have done nothing wrong and have done what any reasonable person would have done in the circumstances you have nothing to fear.

 

I am reminded of when I sold a house 2 years ago, and due to a completely innocent oversight I stood to lose £7k on a badly documented Green Deal contract for solar panels that we had. Technically I was in the wrong but the other party was trying to take advantage of my mistake even though they had not actually suffered any loss and only stood to gain something tehy had not intended to get.  My solicitor, who has been in business for 30 years and knows his stuff told me I had no choice but to pay up. But I told him to tell the other side that I would take it to the Court  of Session on one basis alone, that the outcome would be unfair. He said I was on a hiding to nothing. I stood my ground. The other side backed down.  The circumstances are nothing to do with trees or TPOs but they are to do with solicitors not always being right, for whatever reasons.  The other side I believe to this day knew that they would not win a case against an honest person who had not intentionally done anything wrong.

 

Obviously I am in total gung-ho mode, so what I would do is not for all to follow. I wouldn't even go go court, I'd tell the Council that it's for them to prove that the TPO was available for inspection and to explain why they answered in the negative when enquiries were made.

 

Assuming Kevin's entirely plausible conspiracy theory isn't instead true.

[Khriss]

I would discount Kevs conspiracy theories , I mean,  N.Korea ... never even heard of the place K