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  • FIRST POST
    • shuko
    • By shuko 13th Sep 17, 10:47 AM
    • 9Posts
    • 0Thanks
    shuko
    Council killed my entire bonsai plant collection..
    • #1
    • 13th Sep 17, 10:47 AM
    Council killed my entire bonsai plant collection.. 13th Sep 17 at 10:47 AM
    Nothing to see here..
    Last edited by shuko; 13-09-2017 at 2:37 PM.
Page 1
    • Barny1979
    • By Barny1979 13th Sep 17, 10:57 AM
    • 3,815 Posts
    • 43,606 Thanks
    Barny1979
    • #2
    • 13th Sep 17, 10:57 AM
    • #2
    • 13th Sep 17, 10:57 AM
    The level of compensation will be the value of the plants, end off, no additional recompense for the sentimental element. I am sorry to hear of your grief, but think the removal of the bonsais may allow you to potentially move on from your mother's death.
    • stator
    • By stator 13th Sep 17, 1:04 PM
    • 5,894 Posts
    • 3,877 Thanks
    stator
    • #3
    • 13th Sep 17, 1:04 PM
    • #3
    • 13th Sep 17, 1:04 PM
    Yes I'm afraid you can only expect compensation for the value of the plants.
    If they agree to pay it then I would bite their hands off.
    If they decide to fight it you will probably get nothing.
    If it went to court you might lose, there would be questions as to what you did everything you could to prevent the trees from dying. From a financial point of view you could have sold them and prevented your loss. If you knew it was going to be on for a year, you must have known there was a risk to the plants. You might not have wanted to sell them for sentimental reasons but the courts wouldn't consider this relevant I'm afraid
    Changing the world, one sarcastic comment at a time.
    • shuko
    • By shuko 13th Sep 17, 2:13 PM
    • 9 Posts
    • 0 Thanks
    shuko
    • #4
    • 13th Sep 17, 2:13 PM
    • #4
    • 13th Sep 17, 2:13 PM
    My gosh you both sound like council workers, cold and devoid of emotion.

    Sell the plants? Pfft..

    I just called a lawyer.. Actually you are both wrong. It comes under personal injury because as well as the value of the plants they have 'destroyed something that one has kept alive' and for the time involved, ie: 38 years and also for the 'emotional hurt and distress'. You are also entitled to claim for 'sentimental damages'.

    Thread can be deleted now, thanks.
    • Mojisola
    • By Mojisola 13th Sep 17, 2:17 PM
    • 28,538 Posts
    • 72,676 Thanks
    Mojisola
    • #5
    • 13th Sep 17, 2:17 PM
    • #5
    • 13th Sep 17, 2:17 PM
    Many people suffered vitamin D deficiencies due to the natural light into their homes being reduced so drastically and for so long including me.
    Originally posted by shuko
    You're mistaken if you think you are getting Vit D from the daylight inside your house.
    • paddyandstumpy
    • By paddyandstumpy 13th Sep 17, 2:25 PM
    • 897 Posts
    • 397 Thanks
    paddyandstumpy
    • #6
    • 13th Sep 17, 2:25 PM
    • #6
    • 13th Sep 17, 2:25 PM
    Good luck with your claim...
    • scd3scd4
    • By scd3scd4 13th Sep 17, 2:34 PM
    • 522 Posts
    • 419 Thanks
    scd3scd4
    • #7
    • 13th Sep 17, 2:34 PM
    • #7
    • 13th Sep 17, 2:34 PM
    Sounds a bit like how do you compensate for irreplaceable pictures that are lost or destroyed by accident. Its sad but everything has to have a value and not what you may want in compensation.
    • k3lvc
    • By k3lvc 13th Sep 17, 2:34 PM
    • 1,911 Posts
    • 3,001 Thanks
    k3lvc
    • #8
    • 13th Sep 17, 2:34 PM
    • #8
    • 13th Sep 17, 2:34 PM
    Thread can be deleted now, thanks.
    Originally posted by shuko
    It doesn't work like that - you've had sensible answers but not surprisingly (or believably) your lawyer knows better

    Good luck with your claim and do come back to let us know how you get on
    • shuko
    • By shuko 13th Sep 17, 2:36 PM
    • 9 Posts
    • 0 Thanks
    shuko
    • #9
    • 13th Sep 17, 2:36 PM
    • #9
    • 13th Sep 17, 2:36 PM
    Thanks Paddy but each flat has an outside balcony and the elderly and infirm and housebound would each sit outside on their balconies. For three and a half years they were unable to.

    My apologies I thought this forum was populated by experts not just people making things us as they go along.
    • BorisThomson
    • By BorisThomson 13th Sep 17, 2:38 PM
    • 538 Posts
    • 882 Thanks
    BorisThomson
    A few months back shuko accused council contractors of making her have a stroke!

    She's only going to listen to people that agree with her.
    • stator
    • By stator 13th Sep 17, 2:43 PM
    • 5,894 Posts
    • 3,877 Thanks
    stator
    If you're offering to pay him a lawyer will tell you whatever you want to hear.
    Once you've spent tens of thousands of pounds of legal fees and get £1000 in compensation, let us know. You won't get your costs reimburst in Small Claims Court, so you will have to take them to county court. I doubt you will be successfull. But you'll still have to pay your lawyer and maybe the council's too.
    Changing the world, one sarcastic comment at a time.
    • ruperts
    • By ruperts 13th Sep 17, 2:45 PM
    • 673 Posts
    • 1,107 Thanks
    ruperts
    If it went to court wouldn't the council fairly easily argue that as it's a residential property they were under no obligation to provide favourable conditions for a collection of plants?
    • elsien
    • By elsien 13th Sep 17, 2:52 PM
    • 15,299 Posts
    • 38,401 Thanks
    elsien
    It's times like this that I wish I knew how to find the cached copies of deleted posts.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • cajef
    • By cajef 13th Sep 17, 2:57 PM
    • 4,553 Posts
    • 3,617 Thanks
    cajef
    It's times like this that I wish I knew how to find the cached copies of deleted posts.
    Originally posted by elsien
    Like this

    Hi folks,
    I wonder if I may get some advice here.

    The council came to do some work on the block I live in and scaffolded the entire building back and front. This also included wrapping the whole block in a plastic blue mesh that reduced the light into every home by around 50%.

    This work was only meant to take a year but dragged on for three and a half years! Many people suffered vitamin D deficiencies due to the natural light into their homes being reduced so drastically and for so long including me. We were all affectively put into and 3.5 year winter. I personally suffered multiple health issues as a result of this but that's another issue.

    What I want to discuss is that this drastic light reduction resulted in the death of almost all my plants.

    The council have admitted liability and sent me a claim form and said they would compensate me the cost to replace my plants. They kind of choked when I told them they were practically all bonsai trees.
    I had about 72 plants in my home almost every single one planted from seed or cutting, many took several years to even stratify and germinate.
    Some of these plants I started from a single tiny leaf with my mother when I was 15 years old. I am now 53 so I have been tending, nurturing and caring for them for 38 years.

    The council killed and wiped out the last living memories I had of my mother who died of cancer 12 years ago. All dead.

    The basic cost to replace just some of my plants in terms of young samplings is £2,000. Many of my specimens are completely irreplaceable.

    In fact to me ALL of these plants are completely irreplaceable, you simply can not buy if you wanted to them as they do not exist anywhere. 38 years of my life cultivating and nurturing these plants is irreplaceable.

    How do you put a price on 38 years of your life’s hobby and work and such deep and personal life memories?

    They have basically wiped out my whole collection that gave meaning to my life and pleasure and joy. I have almost nothing left and am now struggling to start them all over again.

    Worst of all they have erased and destroyed all the living things that kept me close to my mother and her memory. You cannot imagine the sadness, grief, deeply hurt feelings and pain this has caused me. I have no family
    and keep to myself so my plants were kind of my life..

    Nothing can undo this.

    What kind of compensation should I be seeking from the councils insurers?

    Thank you.
    Originally posted by shuko
    I used to have a handle on life, but it broke.
    • Mojisola
    • By Mojisola 13th Sep 17, 3:00 PM
    • 28,538 Posts
    • 72,676 Thanks
    Mojisola
    If the plants were that important to me, I would have found somewhere else to take them once it was clear the work was dragging on.

    I couldn't have looked at them deteriorating every day and not taken action.
    • csgohan4
    • By csgohan4 13th Sep 17, 3:30 PM
    • 3,961 Posts
    • 2,470 Thanks
    csgohan4
    sometimes procrastination is our enemy
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • Mee
    • By Mee 13th Sep 17, 3:39 PM
    • 1,008 Posts
    • 993 Thanks
    Mee
    Hi!
    My sympathy for your loss. Thank you for raising an issue I had not fully comphrended such as the need to do daylight and sunlight assessments and the right of light, daylight, sunlight and of overshadowing.

    Good luck with your claim for compensation/compensatory damages etc.
    • Mee
    • By Mee 13th Sep 17, 3:42 PM
    • 1,008 Posts
    • 993 Thanks
    Mee
    If the plants were that important to me, I would have found somewhere else to take them once it was clear the work was dragging on.

    I couldn't have looked at them deteriorating every day and not taken action.
    Originally posted by Mojisola
    It's a good point. However, IMHO, it sounds as if the OP's head is or has been in a place where making decisions and focusing has been difficult.
    • dunstonh
    • By dunstonh 13th Sep 17, 3:58 PM
    • 89,587 Posts
    • 56,050 Thanks
    dunstonh
    I guess this was daylight robbery
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • forgotmyname
    • By forgotmyname 13th Sep 17, 7:02 PM
    • 26,037 Posts
    • 10,383 Thanks
    forgotmyname
    Plants do not exist anywhere? How did you get hold of one?

    If there was a lack of light why did you not buy a grow lamp and bill the council for it?

    Vitamin D deficiency, lots of people i know have been diagnosed with that, just seems something they are testing for these days where previously they didn't check unless you had serious health issues.

    How do you cost 38 years worth of growing something? The cost of a couple of grow lamps which would have saved them?
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
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