kevinjohnsonmbe

Your "inbox" is full Beau!

Careful route selection is key! What machine is it Beau?

That's got a certain appeal! Party - nobody leaves til the fire goes out! Undoubtedly cost more than a simple fell though.

A matter of scale I guess. A fence panel or roof sheet, I'd probably elect to remedy without recourse to claims procedure and potential premium increase. Tree on house, different story, but the choice of wether to submit a claim still rests with the insured which is what I was alluding to. Touch wood, not a situation I've had to deal with so far.

I wasn't really familiar with Farnborough as an airport until I spent some time there in 2012. Since then, and mindful of the various arguments for UK air travel expansion, I've wondered why Farnborough doesn't seem to have featured in the discussions. Given that the arguments against expansion / increased air traffic must be pretty much equal for Farnborough & LHR, I wonder why Farnborough isn't ramped up to take some of the pressure off LHR. It's already licensed to take up to 737 sized planes (with restrictions on timings / numbers.) Maybe reconfigure LHR as the hub with Farnborough as a spoke serving SW UK? Limited construction / infrastructure cost, limited resource, environmental and disturbance implications (in relation to expansion at LHR or Boris Island.) https://en.wikipedia.org/wiki/Farnborough_Airport Certainly agree that destination selection is a key factor at the moment! We've just done Tenerife - not too long a flight with the nipper, comfortable climate, relatively advanced infrastructure and comparable social/cultural/religious mechanisms. The days of random pick a flight, grab a day sack and take off for an adventure disappeared when the nipper arrived on the scene. It seems they can barely give Turkey away as a destination at the moment!

I had one like this. A '70's housing estate of semi's built on former agricultural land adjacent to pre-existing large detached houses. Elderly couple trying to sell estate semi to release cash to move back up country and be closer to family. Previous agricultural hedgerow Ash on a shared boundary between large detached house (retired building society manager) and small gardened semi. With 50 years growth since the change of use of the land, the Ash canopy was touching the windows and completely dominating the small garden of the semi. Unable to sell the semi since all the feedback from estate agent was about the tree. Technically, a co-owned tree, the well off resident of the large detached house was completely unaffected by the tree. I suggested they might share the cost but he was having none of it. The elderly couple covered the full cost because they were over a barrel. We needed access and some working area in the neighbour's garden and he, quite naturally, wanted to be reassured of competence and liability etc. He was a royal PITA though - he asked us to tackle some work for him after that task. Never bothered getting in touch to follow it up.

The easy one first.... If you're on spikes and the stem failed, you'd probably fall. If you've got a ladder against the stem and it failed, you'd probably fall. Nothing to be gained by going up a ladder. Greater support, stability, work position in spikes / harness. Lesser of 2 weevils. Only you can decide if it's safe enough for spikes, if in any doubt, MEWP or fell. The difficult one.... I hope someone explains this (or rubbishes it) better than I can. I'm quoting direct from AA's Fungi on Trees guide (hope you don't mind Paul!) As relates to Honey fungus (bottom of p12), but may be relevant to the situation in your pictures... "The fungus can spread from colonised stumps and roots to surrounding trees, particularly if there is a lack of natural suppression, in the form of fallen deadwood, colonised by other (beneficial) decay fungi performing natural controll" I interpret that to mean, inadvertently, the removal of all deadwood may actually leave the path open to potentially unwelcome decay fungi by the well intentioned but possibly over zealous and unnecessary 'management' of nature's natural processes. It may not appeal to the homeowner, but I'd rather see a standing stem colonised by multiple fungi, bugs, birds, bats etc than a stump sawn at 300mm. Hope that makes sense? Just my view, it may not suit the circumstances you have to deal with...

No possibility of leaving some of the stem in situ? Maybe just bring the height down a touch? Decaying nicely and providing great habitat? PS - take the ladder option(s) out of the equation!

You could ask the neighbour for a copy of their data protection policy statement, how long they intend to retain your personal details, data sharing policy and destruction methods.... Perhaps also a certified copy of underground utility map to ensure your personal safety, avoid potential risk of harm and disruption to services. And maybe their health & safety policy and RA for contractors visiting their property.... You could also inform them that having a valid PL insurance policy in no way obliges you to make a claim against it - it always strikes me as a bit odd that some customers are so focussed on the provision of proof of insurance but don't realise they can't make you use it if you choose not to. How do you feel about passing on details of CoC's / insurance? Does it make you uncomfortable? I don't see it, in isolation, as a reason to be wary, just somebody trying to do some due diligence checks before letting a contractor work at their home. Is there more to it? An underlying neighbour dispute perhaps??

Interesting, but not perhaps unreasonable (with the exception of references, since the 3rd party isn't engaging you) but if the tree is on 3rd parties property, and you might be accessing / working there (and exposing them to risk) - why not? Give 'em what they ask for. After all, if you don't / can't, they may just with hold consent for access and generally make life awkward.

Good post! Not sure tactical is viable. It's a bad situation that we have Trident (and the potential for replacement), however, I think it might be worse if we didn't.

Postcrete... Bit pricey but sets as you drive away!

Forget the history - start afresh. If it had a hazard based approval to fell in 2007, that might indicate that the initial appraisal was overly risk averse. The LA may or may not have visited the tree or may have taken the assessment at face value. Either way, with the benefit of hindsight, you might say it was not an immediate risk of causing serious harm because it still stands. Has the target area changed since then? Re-assess, re-apply.... Exceptions relating to applications to carry out work on trees subject to a Tree Preservation Order | Planning Practice Guidance

I had to seriously bite my tongue in court. I actually said out loud "I'm going to have to stop myself before I say something inappropriate." I wanted to press a particular point, it would have changed the outcome (not by a massive amount financially) and would have resulted in an Upper Tribunal being inevitable. I'm bitter because I had to concede a point which might have favoured me to the tune of about £500, but would have resulted in further delay, more admin, another court appearance, more stress, more lost time, more family strife etc, etc. After a building dispute some years ago, a solicitor said to me "Mr Johnson, the courts are full of 'men of principle' that have been relieved of their money for the sake of proving a point." That's where I was with this.... Carry on the fight out of principle and suck up the associated financial and emotional costs, or let it ride and be content with what I'd already achieved. Can't avoid the bitterness it has created though and I will ensure I re-coup that money through every (legal) means possible. Things that I might not have bothered with before, every single debit penny will now be passed through the accounts and I will take every opportunity to denigrate HMRC. That's because they are unaccountable public sector drones with no personal risk or responsibility attached to the decisions they make - however random and inappropriate. Makes me spew! We all know what happens when society loses faith in the institutions of law, order and administration.

It might be better if you waited until after she turns 16 Gary!

Great post, deeply insightful!

The activities I last engaged in in Cuba were very much more hedonistic Gary! Thanks for reminding me of those happy days!! I spent quite a bit of time in the capital late 90's Felix and remember what Edgeware road was like then. Maybe it's because I've been secreted away in darkest Kernow for a good while that it struck as such a dramatic change on Monday, but seriously, I don't remember actually feeling like I was in Lebanon rather than London back then. I did on Monday. It's a long, long story Paul - a battle with HMRC that has been running for close to 4 years. Too much sordid detail to explain properly here - I am seriously engaged with the accountant on the possibility of a book (that may be a bit ambitious) or at the very least an article for publication. My experiences as a layman taking on HMRC and taking it all the way to the RCJ - administration, emotions, time, successes and disappointments, financial costs etc - a full, first hand, unedited journal, with technical, legal and tax specialist input at the end of each chapter detailing what was good/bad, what was legal/illegal (as defined in tax law), what might have been done differently and how outcomes may have changed if done differently. If I can make it work (and capture the full roller coaster of emotions I've experienced) it could be funny, emotional, enlightening, frustrating, exhausting etc... I would be happy if it achieved a FU to HMRC and exposed the true nature of organisational ineptitude and bully-boy tactics, maybe helped someone avoid or more easily navigate the tortuous journey I've had (having) and provided an interesting and informative read. (1) Spot on Kev! Were you in the gallery?? (2) I'd agree, HMRC/HMCTS might take a different view. (3) They should invoice themselves at the full normal changing schedule. (4) Full retail as in (3) (5) Didn't get into air miles in this scenario, but have done previously. Taxable benefit in kind if accrued in the course of the business activity. I'm not saying I agree or endorse the observations above, just that that is how I have come to understand the interpretation HMRC would have of it (caveated - I'm no expert, just a dumb f that's recently been through the mill!) I received the final decision notice by email yesterday. Right to appeal to the Upper Chamber refused, no right to appeal the refusal decision. I spent last night drafting a letter to the judge thanking him for his judgement and informing him that, although acknowledged, it will never be accepted. I have to get it reviewed by the barrister to ensure I've not strayed into potential contempt. I may have to re-think the paragraph which talks about the consequences of society loosing confidence in the institutions of law & order and that we only have to watch TV news to see how that ends..... Although it's not in my natural character, I may have to just let it go, pay the money and take some satisfaction in the knowledge that it has cost 'the system' more in administrative effort than they will ever recover by enforcing the judgement. The problem with that, apart from my inability to let go on (what I perceive to be) a just cause, is that the money it is costing the 'system' is taxpayers' money, my money, your money, which is paying the salaries of the inept and unaccountable. Kind of makes for a self destructive cycle of anger, resentment, frustration and despair....

It'd be the perfect job.... If it wasn't for (some) customers and customers' neighbours.... And all the masterbaters at HMRC!

It was a fairly taxing day (unlike the situation I was challenging which was an unfair taxing!) A brief summary (book deal under investigation exposing 6 years of battle with HMRC with a warts and all expose!) 07:11 train from Kernow to Londinium - error with train tickets, seat reservation messed up, ticket showed "standard" even though I'd booked 1st class. Just cuffed it, took advantage of buffet and ticket inspector didn't bat an eyelid. 11:30ish arrived Paddington - Had a walk along Edgeware Rd to Marble Arch (what with the temperature and the 'natives' could have been Lebanon rather than London - pic 1 - Granted, Edgeware Road has for a long time been known for it's Middle Eastern influence, but seriously, that was not England) Underground from Marble Arch to St Paul's (the temperature was intense!) Quick lunch and a visit to St Faith's Chapel in the Crypt of St Paul's - pic 2. A walk along Ludgate Hill and Fleet Street to the Temple Church - pic 3. 13:30ish into the Royal Courts of Justice to check listings and recce court No.24 Quick pint in the Old Bank of England and back to the RCJ for 14:50 14:50 - court locked and lights out. 14:00 - court locked and lights out. 14:10 - court locked and lights out. 14:15 - checked with reception desk - a few frantic phone calls 14:30 - checked again with reception desk - a few more phone calls and a reassurance that the clerk is on their way. 14:35 - clerk arrived and prep'ed the court. All done in 30 mins - application to appeal to the Upper Tribunal refused. Walked across Waterloo Bridge, quick pint in the Wellington then underground from Waterloo to Paddington. 16:00ish arrive Paddington, train for Bristol waiting on the platform so jumped on planning to switch for Plymouth at Bristol. All trains out of London heavily delayed / cancelled due to heat on the line! Not leaves, not snow, not dead bodies..... heat! Back across the Tamar by about 21:30. I can't go into too much detail at present but I have achieved, by Tribunal judgement, a 100% contradiction of the finding of the HMRC desk officer and the HMRC internal review on 1 count and a 66% contradiction on another. I was seeking leave to appeal to the Upper Tribunal in order to challenge the remaining 33% but it has been refused. I was pretty wild yesterday but have calmed myself down and consoled myself with the achievement thus far. And this is the part that might be interesting / relevant to Arbtalkers. It relates to arb arisings from tree works when converted to firewood. Sharkey v Wernher explores the possible outcomes of the question - can you trade with yourself and the Gold Coast Selection Trust Ltd v Humphrey explores and defines the nature of non monetary receipts (barter, benefits in kind etc.) So, apparently, although I cannot reconcile it, 3 separate tax judges have reviewed and agreed that, arb arisings with a 'green' value straight off the tree might have a value range of between -£60 to + £20 per ton (-£60 being the cost per ton to dispose at a licensed tip and +£20 being what you might hopefully expect to sell it for (my figures)), and that split, seasoned, delivered firewood might have a sale price range between £100-£130 per ton (again, my figures), if however, you keep the arb arisings from a business endeavour and use them for personal consumption, legally, you should bring them into your business account (and pay tax on the notional income) at the processed price not the arb arisings price. Sorry, might be a bit garbled but I'm still trying to get to grips with all. PS. Keep the faith Gary! I'm still alive and fighting!

Big day in court tomorrow! I've taken HMRC to the Royal Courts of Justice (I know, it means crossing the Tamar and hauling my ass up to the big city, but I'm optimistic that it will be worth the effort.) Already gave them a bloody nose at Tribunal, now going for the big push! You've got to laugh at the ineptitude of the organisation. Court hearing was notified to me & HMRC 3 June 2016. On 6 July HMRC wrote (in reply my my correspondence in APRIL!) saying they were waiting notification of application to appeal. On 6 Jul 2016, at 15:16, [email protected] wrote: Dear Mr Johnson I refer to your email to Mr Brown dated 28 April 2016. I am sorry that you have not had an earlier response. You may be aware that Mr Brown has now retired and your email arrived shortly after he started a period of extended leave prior to finally leaving the Department. Unfortunately due to an oversight the email was not picked up from Mr Brown’s email address until now. I am sorry for any inconvenience this may have caused you. I understand that a hearing of your application for permission to appeal has taken place and HMRC are awaiting the outcome of this hearing before taking any further action. Should your application be successful the appeal will pass to a different team within HMRC’s Solicitor’s Office and Legal Services to continue working the case. If this were to happen we would notify you of who to contact in future. Until such time as the outcome of your application is known if you have any questions please contact either me or my manager, to whom I have copied this email. Yours Sincerely Correspondence address: HMRC SOLS | S0927| Newcastle | NE98 1ZZ On 8 Jul 2016, at 23:29, Kevin Johnson MBE wrote: Dear Ms Ashworth, Excuse me if I don’t thank you for your email. Frankly, it comes as no surprise given the appalling history of administrative ineptitude I have experienced from HMRC. No, I was not aware, neither do I have any comprehension how you might think I may have been, nor would I consider it in any way relevant as some kind of excuse, that Mr Brown had retired. Your apology is noted, albeit an irrelevance, but will be included in the summary of events which will form an overarching complaint when (if) we ever reach a conclusion to this situation. The decision to allow the appeal was notified to myself and HMRC on the 3 June 2016 as being listed for hearing 19 July at Royal Courts of Justice. You may wish to update yourself, and your manager (who, incidentally, was copied on the notice of listing from the Upper Tribunal) and try to get a grip of the situation. Kevin Johnson MBE Might need a few sharpeners to get myself to sleep tonight!

👍🏻👍🏻 useful!!

What's fondu cement Bob??

Classic movie! That and Midnight Express... A proper 'rage' scene!

👍🏻 I was just shooting from memory, I thought there was some Reg that applied. I remember a cafe / diner local to us that put in a massive deck and then had to do retrospective application or rip it out. All got a bit messy.