Compensation from tree surgeon

JHW1942

Call their bluff and let them take you to court.  The route you're pursuing is going to cost you a load of money for certain, so let them take you to court where you may end up not giving them anything.  If they win, they're going to have to quantify their reasonable losses, which will probably be no more than the money you'd have to shell out on a mediation process they have no intention of entering with good faith.

Tokmon

Wotsit123 said:

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

You don't have to pay for a lawyer when called for an interview. There is no way you would get a criminal record for someone else incorrectly acting on clear instructions. Just remember for the future never plead guilty to an offense you didn't commit!. 

davidmcn

Tokmon said:

Wotsit123 said:

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

You don't have to pay for a lawyer when called for an interview. There is no way you would get a criminal record for someone else incorrectly acting on clear instructions. Just remember for the future never plead guilty to an offense you didn't commit!. 

Indeed. And I can't imagine the police or CPS actually being interested in pursuing it. They don't have enough resources to prosecute "proper" crimes, never mind this sort of thing.

the_lunatic_is_in_my_head

davidmcn said:

Tokmon said:

Wotsit123 said:

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

You don't have to pay for a lawyer when called for an interview. There is no way you would get a criminal record for someone else incorrectly acting on clear instructions. Just remember for the future never plead guilty to an offense you didn't commit!. 

Indeed. And I can't imagine the police or CPS actually being interested in pursuing it. They don't have enough resources to prosecute "proper" crimes, never mind this sort of thing.

Police websites say that if the order isn't complied with the police have the option to prosecute in the traditional way so really the order doesn't mean much other than a quick and cheap way to persuade people to deal with low level crime without the courts.

That said they do say that if prosecution occurs then it can be disclosed that the order wasn't complied with which isn't going to look good and if it's correct that the order is an admission of guilt what defence does the OP have?

It's hard to say if the neighbour is just after money and pushing OP into a corner to squeeze it out of them or whether they are being vindictive and will push it all the way regardless. 

Without meaning to be melodramatic it's easy for us to say don't worry about it but it's not us that has to deal with the consequences of not complying with the order.  

Wotsit123

Tokmon said:

Wotsit123 said:

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

You don't have to pay for a lawyer when called for an interview. There is no way you would get a criminal record for someone else incorrectly acting on clear instructions. Just remember for the future never plead guilty to an offense you didn't commit!. 

It’s always better to have a lawyer with you when interviewed by police. I know a policeman and he said it to me as police tend to want to close cases quickly and will sometimes push people and twist things to do that. 

Wotsit123

the_lunatic_is_in_my_head said:

davidmcn said:

Tokmon said:

Wotsit123 said:

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

You don't have to pay for a lawyer when called for an interview. There is no way you would get a criminal record for someone else incorrectly acting on clear instructions. Just remember for the future never plead guilty to an offense you didn't commit!. 

Indeed. And I can't imagine the police or CPS actually being interested in pursuing it. They don't have enough resources to prosecute "proper" crimes, never mind this sort of thing.

Police websites say that if the order isn't complied with the police have the option to prosecute in the traditional way so really the order doesn't mean much other than a quick and cheap way to persuade people to deal with low level crime without the courts.

That said they do say that if prosecution occurs then it can be disclosed that the order wasn't complied with which isn't going to look good and if it's correct that the order is an admission of guilt what defence does the OP have?

It's hard to say if the neighbour is just after money and pushing OP into a corner to squeeze it out of them or whether they are being vindictive and will push it all the way regardless. 

Without meaning to be melodramatic it's easy for us to say don't worry about it but it's not us that has to deal with the consequences of not complying with the order.  

Thank you, that’s why we want to comply with the order but not sure if it means we will have to pay lots of mediation. 

Neighbour is determined to get money off us but it’s more out of spite. This is a woman in her 20s who bought the house a year ago for 500k and has spent the last year extending and renovating it and doesn’t even live in it yet. I don’t think it’s someone who “needs” money. 

Tokmon

Wotsit123 said:

Tokmon said:

Wotsit123 said:

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

You don't have to pay for a lawyer when called for an interview. There is no way you would get a criminal record for someone else incorrectly acting on clear instructions. Just remember for the future never plead guilty to an offense you didn't commit!. 

It’s always better to have a lawyer with you when interviewed by police. I know a policeman and he said it to me as police tend to want to close cases quickly and will sometimes push people and twist things to do that. 

Yes they will push people to say things and admit to things but it's all recorded (or written down and signed) so they can't twist what you say as there will be a record of what was actually said. 
But it can't be worse than what you did instead which was sign a form to plead guilty to something you didn't do!

Wotsit123

Tokmon said:

Wotsit123 said:

Tokmon said:

Wotsit123 said:

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

You don't have to pay for a lawyer when called for an interview. There is no way you would get a criminal record for someone else incorrectly acting on clear instructions. Just remember for the future never plead guilty to an offense you didn't commit!. 

It’s always better to have a lawyer with you when interviewed by police. I know a policeman and he said it to me as police tend to want to close cases quickly and will sometimes push people and twist things to do that. 

Yes they will push people to say things and admit to things but it's all recorded (or written down and signed) so they can't twist what you say as there will be a record of what was actually said. 
But it can't be worse than what you did instead which was sign a form to plead guilty to something you didn't do!

In law things are not so straightforward, because we hired the tree surgeon we are liable, it doesn’t matter that we didn’t do anything, his negligence is our responsibility. It doesn’t matter that we didn’t touch the trees.  It’s a lesson learnt I guess, unfortunately learnt the hard way. 

Tokmon

Wotsit123 said:

Tokmon said:

Wotsit123 said:

Tokmon said:

Wotsit123 said:

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

You don't have to pay for a lawyer when called for an interview. There is no way you would get a criminal record for someone else incorrectly acting on clear instructions. Just remember for the future never plead guilty to an offense you didn't commit!. 

It’s always better to have a lawyer with you when interviewed by police. I know a policeman and he said it to me as police tend to want to close cases quickly and will sometimes push people and twist things to do that. 

Yes they will push people to say things and admit to things but it's all recorded (or written down and signed) so they can't twist what you say as there will be a record of what was actually said. 
But it can't be worse than what you did instead which was sign a form to plead guilty to something you didn't do!

In law things are not so straightforward, because we hired the tree surgeon we are liable, it doesn’t matter that we didn’t do anything, his negligence is our responsibility. It doesn’t matter that we didn’t touch the trees.  It’s a lesson learnt I guess, unfortunately learnt the hard way. 

People aren't liable for the crimes someone else commit just because they hired them and that would be ridiculous if it was the case.
So you think if a lorry driver was convicted for manslaughter while driving the employer would be the one who goes to prison? 

the_lunatic_is_in_my_head

Wotsit123 said:

Thank you, that’s why we want to comply with the order but not sure if it means we will have to pay lots of mediation. 

Neighbour is determined to get money off us but it’s more out of spite. This is a woman in her 20s who bought the house a year ago for 500k and has spent the last year extending and renovating it and doesn’t even live in it yet. I don’t think it’s someone who “needs” money. 

There is another forum:

https://legalbeagles.info/forums/

where you might get better advice on the community order.

This:

https://west-midlands.police.uk/your-options/community-resolution#

says:

Once an officer has decided that a Community Resolution would be suitable, under the Victim Code, they will ask the victim how they would prefer the offence to be resolved. There are four possible options, restorative justice, warning and agreement, restoration and rehabilitation. 

Do you know which has been applied to your order?