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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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A company trespassed on our property and felled our ancient

Resolved Question:

A company trespassed on our property and felled our ancient yew tree, without permission. There was no TPO. What laws have they broken, where do we stand?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
Why did the company damage your tree?
Customer: replied 3 years ago.

We have an electricity sub station near our house. with access to the substation through our land. The service manager mistakenly thought the tree belonged to the electricity board and arranged for it to be felled without our knowledge/permission. They have not said why they felled it, however they had apologised, accepted trespass and that they were at fault.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.
In that case it is probably not criminal damage so the police do not need to be involved. You may send them a letter claiming an x amount of money from them and give them say 10 days to pay up or face court action.
If they still refuse to pay up,,you may file a court claim against the company for monetary damages. You may claim an amount up to £100K online at www.moneyclaim.gov.uk
That should pressure the company to pay up.
May I help further?
Customer: replied 3 years ago.

Thank you for the above advice.

We have been advised by the electricity board that we cannot take our clam to the ombudsman as they do not deal with public liability and only for claims under £10,000 (ours is for £23,000)

Is this a public liability claim as we are the claimant and we were not the cause of the problem?

Is it correct that the ombudsman would not deal with a claim over £10,000?

Expert:  UKSolicitorJA replied 3 years ago.
This is a claim for damages and you can take it to the county court.
As your claim is for £23000, you may file it online at www.moneyclaim.gov.uk and it will be dealt with under fast track.
You do not need to involve the ombudsman and it seems the electricity board are fobbing you off.
All the best
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your advice - fobbing us off is about right!!