UKTC Archive

RE: TPO Compensation

Subject: RE: TPO Compensation
From: oisink@xxxxxxxxxxx.com
Date: Jan 03 2019 13:45:42
What Jon said

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jon Heuch
Sent: 03 January 2019 13:42
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: TPO Compensation

Trevor

 

Jim and Oisin have given you chapter and verse on the matter.

 

I would just add that it may take a long time to actually get the 
compensation cash in the bank account and probably the only way to hurry on 
the process is to have a determined solicitor who knows what they are doing.
A council may well play the long-game with an individual, hoping they will 
loose interest, forget the matter or just die (I jest, but only a little).
It is amazing what can get lost on someone's desk or possibly in a filing 
cabinet. Engineers & lawyers dealing with subsidence may not want to factor 
in a potential compensation claim as there is a risk the claim comes to 
nothing or there is only partial success at getting the amount claim paid.

 

My advice would be to lay out what the options are with the (potential) 
costs, evidenced by quotations, possibly more than one, for each option 
provided. Assuming the damage stays the same and thus it's not necessary to 
change the specs of the repair work, the loss of not allowing the tree work 
should then be a simple matter of arithmetic, as Oisin has stated. In most 
cases that I see things are never simple..e.g. (another part of) the council 
determines the wall is unsafe so work has to proceed immediately, or the 
council actually pull down the (privately owned) wall themselves on the 
grounds of safety or neighbours get involved or [the list goes on}.

 

The loss has to be reasonably foreseeable - that's not a blank cheque, but 
it's also not for the council to state that they will only pay the minimum 
necessary or to specify what they will pay for. Of course the resulting bun 
fight may cost far more than the loss!

 

Jon 

 




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