Had tree professionally cut but did not know it had a TPO

Re: Had tree professionally cut but did not know it had a TP

Postby starwarsclark » Tue Mar 04, 2014 12:58 pm

arborlad wrote:
arborlad wrote:when a developer deliberately flouts TPOs, they are quite correctly prosecuted to the fullest extent of the law, I don't think your situation merits that. .



Seeing the photos, I am now less certain of that.


Hi everyone,
Are you now saying that we should expect to be prosecuted for the work carried out? The company that cut the tree definitely cut more than we asked for as my wife discussed this with them when they came round for the money, she did explain that she was upset as to how much they had cut - none of this is in writing of course.

If we are indeed prosecuted then what sort of fine are we looking at, this goes from bad to worse.......
starwarsclark
 
Posts: 10
Joined: Thu Feb 27, 2014 8:44 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Had tree professionally cut but did not know it had a TP

Postby COGGY » Tue Mar 04, 2014 1:15 pm

Good morning Starwarsclark

You stated at the start of the thread that the tree was cut by a "professional" Was this belief based on word of mouth, did the firm advertise as such, or was it merely someone who came to the door stating they "were working down the road and noticed your tree"?

If you are able to produce an advertisement by the firm involved then I feel this would strengthen your case. I am not an expert but it would prove that you had reason to trust them.

Did they have a vehicle with their name on? Did you pay by cheque or cash?

Kind regards
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Had tree professionally cut but did not know it had a TP

Postby starwarsclark » Tue Mar 04, 2014 1:22 pm

COGGY wrote:Good morning Starwarsclark

You stated at the start of the thread that the tree was cut by a "professional" Was this belief based on word of mouth, did the firm advertise as such, or was it merely someone who came to the door stating they "were working down the road and noticed your tree"?

If you are able to produce an advertisement by the firm involved then I feel this would strengthen your case. I am not an expert but it would prove that you had reason to trust them.

Did they have a vehicle with their name on? Did you pay by cheque or cash?

Kind regards
Coggy


Hi there,
They are a real firm with a website and insurance. There website says that they have been trading for over 10 years, are fully insured and deal with TPO's. We contacted them as my wife knew of them through some other sporting activity. We paid in cash when the job was done, neither of us were in when it was cut as we were both at work.
starwarsclark
 
Posts: 10
Joined: Thu Feb 27, 2014 8:44 pm

Re: Had tree professionally cut but did not know it had a TP

Postby COGGY » Tue Mar 04, 2014 1:27 pm

Hi

This appears to me to put you in a much stronger position. You had the tree cut by someone advertising that they dealt with TPOs so surely were entitled to believe that they would deal with this on your behalf. Have you told the Council who cut the tree and passed on a copy of their advertisement?

Kind regards
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Had tree professionally cut but did not know it had a TP

Postby starwarsclark » Tue Mar 04, 2014 1:33 pm

COGGY wrote:Hi

This appears to me to put you in a much stronger position. You had the tree cut by someone advertising that they dealt with TPOs so surely were entitled to believe that they would deal with this on your behalf. Have you told the Council who cut the tree and passed on a copy of their advertisement?

Kind regards
Coggy


Thanks for your ongoing help with this.
The company in question has also been written too by the council, they have the same letter we have about under caution etc.
I wonder where the responsibility lies? Us even though we were not aware of the TPO; my wife is adamant that the solicitor that we used when we bought the house 13 years ago told her that no TPO was on the tree (we have no proof of this though) or the company that cut the tree as they did not check whether there was a TPO?
starwarsclark
 
Posts: 10
Joined: Thu Feb 27, 2014 8:44 pm

Re: Had tree professionally cut but did not know it had a TP

Postby COGGY » Tue Mar 04, 2014 1:42 pm

Hi

If you go to get your hair cut you rely on the expertise of the hairdresser, if you buy a house you (should be able to) rely on the expertise of the solicitor, if you go to the Dr you rely on their experience. Why should having a tree cut down be any different? This firm advertised that they had experience with TPO's; why should you question that?

Kind regards
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Had tree professionally cut but did not know it had a TP

Postby starwarsclark » Tue Mar 04, 2014 1:50 pm

COGGY wrote:Hi

If you go to get your hair cut you rely on the expertise of the hairdresser, if you buy a house you (should be able to) rely on the expertise of the solicitor, if you go to the Dr you rely on their experience. Why should having a tree cut down be any different? This firm advertised that they had experience with TPO's; why should you question that?

Kind regards
Coggy


Coggy - Indeed very valid points, we are not experts but they are.

Regards,
Andy.
starwarsclark
 
Posts: 10
Joined: Thu Feb 27, 2014 8:44 pm

Re: Had tree professionally cut but did not know it had a TP

Postby COGGY » Tue Mar 04, 2014 1:53 pm

Hi
Have you made this point to the Council?
Kind regards
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Had tree professionally cut but did not know it had a TP

Postby starwarsclark » Tue Mar 04, 2014 1:59 pm

COGGY wrote:Hi
Have you made this point to the Council?
Kind regards
Coggy


We will do this when we receive the under caution letter, should be with us soon. We have already spoken to a solicitor who has advised that we show them the letter and can then work on a formal response.
Still fail to see how prosecuting us is "In the public's interest" as the council person said was the only reason they would pursue it.

Andy.
starwarsclark
 
Posts: 10
Joined: Thu Feb 27, 2014 8:44 pm

Re: Had tree professionally cut but did not know it had a TP

Postby COGGY » Tue Mar 04, 2014 2:07 pm

Hi
In your situation I believe it is wise to be very apologetic and plead that you believed the firm knew what they were doing. That is not after all an unreasonable assumption considering their advertisement.

If your wife states the solicitor told her there was no TPO then that should also help your case.

Best wishes
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Had tree professionally cut but did not know it had a TP

Postby APC » Fri Mar 07, 2014 10:58 am

Failing to pursue prosecution for work of that standard on TPO'ed trees would set precedent for all private residences to claim ignorance. If it was a professional-standard reduction to bs3998:2010 then there would likely be no case to speak for for loss of amenity value. However, they look like tuning forks and will likely grow back horrifically.
APC
 
Posts: 91
Joined: Sun Nov 24, 2013 6:37 pm

Re: Had tree professionally cut but did not know it had a TP

Postby ferdinand2000 » Tue Mar 18, 2014 3:34 pm

Have you done all your due dilligence?
Does this TPO exist and is it actually correct?
Do you have a copy?
Does the map the Council give to people show a TPO?
Did your tree man check for a TPO and was told "no TPO" by the Council? Did the Council record the call?

For years I had an alleged TPO on a tree which was a Poplar. The TPO said it was a Lime. A planning app revealed the TPO supposedly created in 1993.

More recently the Council haven't been able to find a TPO, and informed me that I could cut it down if I wished.

More recently still the neighbours have demanded a TPO on the same tree they dearly love, which 6 months ago they were demanding that I cut down.

Check all the detail to see if conspiracy or cockup gives you an out. May not, but it may muddy the water enough to undermine the idea of a prosecution.

**Never** rely on the assumed competence of Councils.

Ferdinand
ferdinand2000
 
Posts: 101
Joined: Sat Jun 26, 2010 12:41 pm

Re: Had tree professionally cut but did not know it had a TP

Postby TO » Wed Mar 19, 2014 2:10 pm

Hi

Not sure now brilliant this is to be honest.
ferdinand2000 wrote:Does this TPO exist and is it actually correct
The OP, their neighbour and the Council think it exists so its a reasonable assumption that it does. Is it correct. What if you think it isn't, how are you going to challenge it bearing in mind there's no mechanism to do so.

ferdinand2000 wrote:Did your tree man check for a TPO and was told "no TPO" by the Council? Did the Council record the call?
Irrelevant works were carried out to the tree without consent. And we have the answer earlier in the thread
starwarsclark wrote:I wonder where the responsibility lies? Us.............or the company that cut the tree as they did not check whether there was a TPO?
.

ferdinand2000 wrote:Do you have a copy?
To what end?

ferdinand2000 wrote:Does the map the Council give to people show a TPO
What map? The street map of the town center? Most maps don't show TPO's do they.

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: Had tree professionally cut but did not know it had a TP

Postby MacadamB53 » Wed Mar 19, 2014 2:32 pm

Hi TO,

You didn't comment on:

Check all the detail to see if conspiracy or cockup gives you an out. May not, but it may muddy the water enough to undermine the idea of a prosecution.

**Never** rely on the assumed competence of Councils.


Mischievous regards, Mac
MacadamB53
 
Posts: 6023
Joined: Mon Dec 10, 2012 12:13 am

Re: Had tree professionally cut but did not know it had a TP

Postby TO » Thu Mar 20, 2014 9:24 am

Hi

MacadamB53 wrote:Hi TO, You didn't comment on: Check all the detail to see if conspiracy or cockup gives you an out. May not, but it may muddy the water enough to undermine the idea of a prosecution. **Never** rely on the assumed competence of Councils. Mischievous regards, Mac
Yes I did. I addressed all the points that ferdinand200 made in relation to this thread which were;
ferdinand2000 wrote:Does this TPO exist and is it actually correct? Do you have a copy? Does the map the Council give to people show a TPO? Did your tree man check for a TPO and was told "no TPO" by the Council? Did the Council record the call?


TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
PreviousNext

Return to Trees

Who is online

Users browsing this forum: No registered users and 4 guests