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herne
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Another point is that she excepted full responsibility for these actions.

Now does that mean she would not give up the contractor, did not know the contractor or there was no contractor and it was a friend or family member that did the work? I don't think it even mentioned a contractor in the articles, we are just going off a picture that could be some random working on a different tree.

If someone is being prosecuted for acts like this and they say I didn't know the workers or their company name then the butt is going to land on her.

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We all have to be so careful, many times I've been asked to carry out work 'as soon as possible' either felling or topping or dropping boughs off. Often the client knows full well they are in a c. a. , or that it's got a tpo on it, but they don't tell you that, as they have doubts it will be allowed. It's up to us of course to check every time. Fools rush in where angels fear to tread, and all that.

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We all have to be so careful, many times I've been asked to carry out work 'as soon as possible' either felling or topping or dropping boughs off. Often the client knows full well they are in a c. a. , or that it's got a tpo on it, but they don't tell you that, as they have doubts it will be allowed. It's up to us of course to check every time. Fools rush in where angels fear to tread, and all that.

 

 

Just don't know how contractors do t check! I check every single job I go look at!!

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Prob not many but my question still stands how do you prove it was the contractor that did the work?

 

In my experience you turn up on site as the TO when the neighbour has tipped you off and they are still on site. You have no idea how many calls the TO will get in certain areas as soon as someone hears chainsaws. Most of the time they will be saying I know they have consent, but others its a quick drive out to site and caught in the act.

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In my experience you turn up on site as the TO when the neighbour has tipped you off and they are still on site. You have no idea how many calls the TO will get in certain areas as soon as someone hears chainsaws. Most of the time they will be saying I know they have consent, but others its a quick drive out to site and caught in the act.

 

 

Yeah that's the best way, but as tree officers go, they usually take 2 weeks to reply to an email never mind a site visit that day 😂!! I think of the contractor leaves site and cash paid, there's very little chance of conviction

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Yeah that's the best way, but as tree officers go, they usually take 2 weeks to reply to an email never mind a site visit that day 😂!! I think of the contractor leaves site and cash paid, there's very little chance of conviction

 

The tree officer doesn't necessarily have to attend as it's a planning issue (T&CPA) Enforcement officers are sufficient and I think (but stand to be corrected) are the only ones that are able to caution you 'that anything you say can be used against you".

 

For the purpose of prosecution, as its a criminal offence the PACE rules apply (Police And Criminal Evidence Act 1984) and it has to be proven 'beyond reasonable doubt' who the guilty parties are. Despite this, contractors are prosecuted from time to time. I admittedly don't know the circumstances of particular cases, so can't say either way what the odds are when the culprit isn't caught in the act.

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In my experience you turn up on site as the TO when the neighbour has tipped you off and they are still on site. You have no idea how many calls the TO will get in certain areas as soon as someone hears chainsaws. Most of the time they will be saying I know they have consent, but others its a quick drive out to site and caught in the act.

 

If we're doing exempt works, such as deadwooding, I'll generally forewarn planning as a courtesy and to prevent them coming out unnecessarily.

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