Hello,
Not a very happy post for my first one, but i could really do with some help on this.
I have a garden which is situated at the rear of my gable end house.
It is fenced off with fencing that has vertical gaps between lengths of wood,
I have lined, all along the inside of the fence with conifers, i done this three years ago, the conifers have thrived and before they died, had reached a height of roughly three feet.
The local council came round and sprayed the pavements around my garden with weedkiller, within two weeks they were dead.
I am at the moment in dispute with them over this, they are not accepting responsibility for their actions.
It was too much of a coincidence for them to deny this.
Their first responce was to blame the pea gravel which has been in place around the base of all of them since the day were planted, he had the cheek, (or is it the stupidity) to suggest that the lime had killed them.
I am at a loss as to how to prove their weedkiller actually killed them, and this is the area with which i need help.
I am refusing to accept their childish attitude on this, and i will not keep quiet.
I have spent hundreds of pounds on my garden, and am not prepared to simply write this money off, as the council would like me to do.
So, any suggestions on this would be greatly received, and appreciated.

Thanks for reading.

'Marie',

Years ago the RHS correctly diagnosed the soil borne disease which was
decimating my heather garden, by examining samples of soil and plants
which I sent them.

I suggest that you contact them
http://www.puyallup.k12.wa.us/high/r...ct/Contact.htm
with a view to them establishing the cause of your conifers demise.

They may not wish to get involved, but if they do you will be expected
to join the organization prior to them doing such an examination.

Regards,
Emrys Davies.



"marie" wrote in message
...

Hello,
Not a very happy post for my first one, but i could really do with
some
help on this.
I have a garden which is situated at the rear of my gable end house.
It is fenced off with fencing that has vertical gaps between lengths
of
wood,
I have lined, all along the inside of the fence with conifers, i done
this three years ago, the conifers have thrived and before they died,
had reached a height of roughly three feet.
The local council came round and sprayed the pavements around my
garden
with weedkiller, within two weeks they were dead.
I am at the moment in dispute with them over this, they are not
accepting responsibility for their actions.
It was too much of a coincidence for them to deny this.
Their first responce was to blame the pea gravel which has been in
place around the base of all of them since the day were planted, he
had
the cheek, (or is it the stupidity) to suggest that the lime had
killed
them.
I am at a loss as to how to prove their weedkiller actually killed
them, and this is the area with which i need help.
I am refusing to accept their childish attitude on this, and i will
not
keep quiet.
I have spent hundreds of pounds on my garden, and am not prepared to
simply write this money off, as the council would like me to do.
So, any suggestions on this would be greatly received, and
appreciated.

Thanks for reading.


--
marie

'Marie',

Sorry about the wrong URL. Google fooled me. This is it.

http://www.rhs.org.uk/about/contact.asp

Regards,
Emrys Davies.




"Emrys Davies" wrote in message
...
'Marie',

Years ago the RHS correctly diagnosed the soil borne disease which was
decimating my heather garden, by examining samples of soil and plants
which I sent them.

I suggest that you contact them
http://www.puyallup.k12.wa.us/high/r...ct/Contact.htm
with a view to them establishing the cause of your conifers demise.

They may not wish to get involved, but if they do you will be expected
to join the organization prior to them doing such an examination.

Regards,
Emrys Davies.



"marie" wrote in message
...

Hello,
Not a very happy post for my first one, but i could really do with
some
help on this.
I have a garden which is situated at the rear of my gable end house.
It is fenced off with fencing that has vertical gaps between lengths
of
wood,
I have lined, all along the inside of the fence with conifers, i
done
this three years ago, the conifers have thrived and before they
died,
had reached a height of roughly three feet.
The local council came round and sprayed the pavements around my
garden
with weedkiller, within two weeks they were dead.
I am at the moment in dispute with them over this, they are not
accepting responsibility for their actions.
It was too much of a coincidence for them to deny this.
Their first responce was to blame the pea gravel which has been in
place around the base of all of them since the day were planted, he
had
the cheek, (or is it the stupidity) to suggest that the lime had
killed
them.
I am at a loss as to how to prove their weedkiller actually killed
them, and this is the area with which i need help.
I am refusing to accept their childish attitude on this, and i will
not
keep quiet.
I have spent hundreds of pounds on my garden, and am not prepared to
simply write this money off, as the council would like me to do.
So, any suggestions on this would be greatly received, and
appreciated.

Thanks for reading.


--
marie

marie wrote:


Hello,
Not a very happy post for my first one, but i could really do with some
help on this.
I have a garden which is situated at the rear of my gable end house.
It is fenced off with fencing that has vertical gaps between lengths of
wood,
I have lined, all along the inside of the fence with conifers, i done
this three years ago, the conifers have thrived and before they died,
had reached a height of roughly three feet.
The local council came round and sprayed the pavements around my garden
with weedkiller, within two weeks they were dead.
I am at the moment in dispute with them over this, they are not
accepting responsibility for their actions.
It was too much of a coincidence for them to deny this.
Their first responce was to blame the pea gravel which has been in
place around the base of all of them since the day were planted, he had
the cheek, (or is it the stupidity) to suggest that the lime had killed
them.
I am at a loss as to how to prove their weedkiller actually killed
them, and this is the area with which i need help.
I am refusing to accept their childish attitude on this, and i will not
keep quiet.
I have spent hundreds of pounds on my garden, and am not prepared to
simply write this money off, as the council would like me to do.
So, any suggestions on this would be greatly received, and
appreciated.

Thanks for reading.



I would say that because of the council's obstinancy, this would be an ideal
situation to take them to the small claims court. This is a quick and cheap
way to settle disputes like this. Plus, the council are quite likely to
settle out of court if you are after a reasonable amount. Small Claims
Courts are for damages up to £5,000.

You can find out more he

http://www.compactlaw.co.uk/tiscali/smc.html

I'm not a naturally litigious person, but the council sound like they are
being gits in this case!

--
"In Christianity neither morality nor religion come into contact with
reality at any point."
-- Friedrich Nietzsche

Thank you very much for your replies.
The information is much appreciated.

"marie" wrote in message
...

Hello,
Not a very happy post for my first one, but i could really do with
some
help on this.
I have a garden which is situated at the rear of my gable end house.
It is fenced off with fencing that has vertical gaps between lengths
of
wood,
I have lined, all along the inside of the fence with conifers, i done
this three years ago, the conifers have thrived and before they died,
had reached a height of roughly three feet.
The local council came round and sprayed the pavements around my
garden
with weedkiller, within two weeks they were dead.
I am at the moment in dispute with them over this, they are not
accepting responsibility for their actions.
It was too much of a coincidence for them to deny this.
Their first response was to blame the pea gravel which has been in
place around the base of all of them since the day were planted, he
had
the cheek, (or is it the stupidity) to suggest that the lime had
killed
them.
I am at a loss as to how to prove their weedkiller actually killed
them, and this is the area with which i need help.
I am refusing to accept their childish attitude on this, and i will
not
keep quiet.
I have spent hundreds of pounds on my garden, and am not prepared to
simply write this money off, as the council would like me to do.
So, any suggestions on this would be greatly received, and
appreciated.

Thanks for reading.

marie

******
A very difficult one, marie!. I feel very sorry for you.
I have been for a year fighting two Schoolmarms in Barrow-in- Furness
who threw me out of a computer course because when discussing spam I
said the dread word Paedophile during a coffee break so they said that
my presence among children was inappropriate in a libellous letter..
Despite the fact that they had not seen me or spoken to me before, nor
were there any children present,
Visits and my strong letters to them, their Governor's Chairman, the
Head
Education office at Carlisle
have met with total silence. The cowards have all gone to ground.
My solicitor, after several costly letters has advised I put the matter
into the hands of experienced Manchester Solicitors and brief Counsel
(at 500 pounds an hour.)
Local Executives are the craftiest rogues on this earth, marie, but
Solicitors are the most manipulative.
Now that my wife is seriously ill I have had to set aside the problem
temporarily, but when her health problem is settled one way or the other
I will have my day in Court as a Litigant in Person.
My advice to you is, bite the bullet, and unlike me, save yourself from
waking at six a.m. and unable to sleep because the problem won't go
away from your mind.
You look after yourself, marie!. Keep away from the Scum , you are a
Lady, they will besmirch you, so preserve your personal dignity and
peace of mind by walking away from it..
Doug.

3p.m.
I have just received my Solicitor's bill.
He has written about four letters and got nowhere.
£230 pounds sterling.
For NOTHING.
******

"marie" wrote in message
...

Hello,
Not a very happy post for my first one, but i could really do with some
help on this.
I have a garden which is situated at the rear of my gable end house.
It is fenced off with fencing that has vertical gaps between lengths of
wood,
I have lined, all along the inside of the fence with conifers, i done
this three years ago, the conifers have thrived and before they died,
had reached a height of roughly three feet.
The local council came round and sprayed the pavements around my garden
with weedkiller, within two weeks they were dead.
I am at the moment in dispute with them over this, they are not
accepting responsibility for their actions.
It was too much of a coincidence for them to deny this.
Their first responce was to blame the pea gravel which has been in
place around the base of all of them since the day were planted, he had
the cheek, (or is it the stupidity) to suggest that the lime had killed
them.
I am at a loss as to how to prove their weedkiller actually killed
them, and this is the area with which i need help.
I am refusing to accept their childish attitude on this, and i will not
keep quiet.
I have spent hundreds of pounds on my garden, and am not prepared to
simply write this money off, as the council would like me to do.
So, any suggestions on this would be greatly received, and
appreciated.

Thanks for reading.
Were they leylandii? If so, let me know what council it was so that I can
send them a letter of commendation :0)

In article , GOOD GOLLY MISS
mOLLY writes

Were they leylandii? If so, let me know what council it was so that I can
send them a letter of commendation :0)


That's a rather cruel response to someone who is clearly upset by what
has happened - was it really necessary to post it?

- or are we into this realm of posters who all by coincidence seem to
have the same name.
--
Kay
"Do not insult the crocodile until you have crossed the river"

No, THEY WERE NOT.

Today i had a meeting with the council enviromental officer (the supervisor of the person that done the damage) and a representative of the manufacturers of the weedkiller.
I now know the weedkiller is called Touche.
It's 2 main ingredients are GLYPHOSATE and DIURON.
The council man said it was a contact herbicide, yet the rep of the maker said it was contact as well as systemic herbicide.
Now i am confused, i thought it had to be one or the other...not both?
They both refused to take responsibility for the damage, they said Drift had not caused them to die.
Just for my own peace of mind i took the liberty of recording this conversation today. I did not tell them i was recording it.
It seems the only way i am going to get close to resolving this is to have some of the conifers analysed, but even then they might say it wasn't their man that done it.
Is it worth dragging it all through the small claims court, or is that the approach they want me to take, and just dont bother.
This council is renowned for not admitting to anything they do wrong.

I really dont know what to do for the best.
Thank you for all the supportive replies, it's very much appreciated.

"marie" wrote in message
...

Just for my own peace of mind i took the liberty of recording this
conversation today. I did not tell them i was recording it.

I don't believe taped conversations are admissable in court. Transcripts MAY
be.

Photos certainly are admissable.

It seems the only way i am going to get close to resolving this is to
have some of the conifers analysed, but even then they might say it
wasn't their man that done it.
Is it worth dragging it all through the small claims court, or is that
the approach they want me to take, and just dont bother.

Are you a gambler by nature?

This council is renowned for not admitting to anything they do wrong.

They may, of course, believe that...
--
Brian
Sig: I have nothing to say

In article , marie marie.1b7l3o@n
ews.gardenbanter.co.uk writes

marie Wrote:
No, THEY WERE NOT.
Today i had a meeting with the council enviromental officer (the
supervisor of the person that done the damage) and a representative of
the manufacturers of the weedkiller.
I now know the weedkiller is called Touche.
It's 2 main ingredients are GLYPHOSATE and DIURON.
The council man said it was a contact herbicide, yet the rep of the
maker said it was contact as well as systemic herbicide.
Now i am confused, i thought it had to be one or the other...not both?

Glyphosate is a systemic herbicide. Don't know what Diuron is.
It's perfectly possibly to put two differently acting herbicides
together into the same weedkiller, though since a systemic herbicide
needs time to translocate to the roots, I'm not sure how you would put a
contact herbicide with it and not spoil that action.

I wonder if what the council man meant was that Glyphosate has to touch
the plant if it is to kill it - it can't leach through the soil.

They both refused to take responsibility for the damage, they said
Drift had not caused them to die.
Just for my own peace of mind i took the liberty of recording this
conversation today. I did not tell them i was recording it.

Take legal advice if you want to rely on the recording for later
evidence. I have an idea you're not allowed to record without telling
the other person (which is why we have to sit through so many telephone
preambles 'This call mey be recorded for training and quality assurance
purposes ...'

It seems the only way i am going to get close to resolving this is to
have some of the conifers analysed, but even then they might say it
wasn't their man that done it.
Is it worth dragging it all through the small claims court, or is that
the approach they want me to take, and just dont bother.
This council is renowned for not admitting to anything they do wrong.

I don't know about the chance of success in the small claims court, but
clearly atm they are hoping that you will just give up.

Pity it's not just before local elections. Well motivated councillors
can sometimes achieve miracles.
--
Kay
"Do not insult the crocodile until you have crossed the river"

marie wrote

Is it worth dragging it all through the small claims court, or is that
the approach they want me to take, and just dont bother.

Only you can know how important this is to you. If it were me, I'd
hold my head high, and then tell the entire world your point of view -
being careful not to slander/libel of course. It is presumably
perfectly true to say "The council deny that thier weedkiller was
responsible for the death of my trees a few weeks later". But then,
I'm not the sort to expect money FROM councils anyway.


This council is renowned for not admitting to anything they do wrong.
It is undoubtedly the case that they have resources for being bl**dy
awkward. Trained in it, yer local authority official.

From what you have written - which is , of course, your side of the
tale - it would appear that the prima face case of coincidence has not
been adequately explained by the other side of the arguement. Have
they even attempted to address it?


I really dont know what to do for the best.
I think you need some sort of expert advice, from someone independant
- anothre weedkiller manufacturer, a professinal horticulturalist.
Have you consdered asking the BBC consumer affairs programmes to get
involved? Or your local radio station? Or the citizens advice
beaureau? Snag is, time is rushing on and the evidence is getting
less obvious.



Thank you for all the supportive replies, it's very much appreciated.
In the end, I doubt you will win if they stick thier heels in. But
you can at least make thier life a misery for a bit, and they might be
a bit more responsible in future. A friend of mine has had his sumach
tree destroyed several times by contract verge cutters, and got
nowhere with complaints. But he persists.

In article ,
marie writes:
|
| I now know the weedkiller is called Touche.
| It's 2 main ingredients are GLYPHOSATE and DIURON.
| The council man said it was a contact herbicide, yet the rep of the
| maker said it was contact as well as systemic herbicide.
| Now i am confused, i thought it had to be one or the other...not both?
| They both refused to take responsibility for the damage, they said

Go and see a solicitor, but do check that there is a fixed (or zero)
fee for the initial discussion. Take a copy of the following pages:

http://www.chinese-pesticide.com/herbicides/diuron.htm
http://www.pan-uk.org/pestnews/pn22/pn22p17a.htm
http://cropandsoil.oregonstate.edu/n...0405/weed.html

In particular "Mode of action Systemic herbicide, absorbed principally
by the roots, with translocation acropetally in the xylem.". The
cause of death is almost certainly overuse of the diuron, causing
run-off. Whether your solicitor advises you to proceed is another
matter, but he may well write a letter and the council may settle out
of court.


Regards,
Nick Maclaren.

"marie" wrote in message
...

marie Wrote:
No, THEY WERE NOT.
Today i had a meeting with the council enviromental officer (the
supervisor of the person that done the damage) and a representative
of
the manufacturers of the weedkiller.
I now know the weedkiller is called Touche.
It's 2 main ingredients are GLYPHOSATE and DIURON.
The council man said it was a contact herbicide, yet the rep of the
maker said it was contact as well as systemic herbicide.

Your council man does not know his brass from his oboe.
There is plenty of reading matter on the web which makes it quite
plain that glyphosate is a translocating herbicide.

Now i am confused, i thought it had to be one or the other...not
both?
They both refused to take responsibility for the damage, they said
Drift had not caused them to die.
Just for my own peace of mind i took the liberty of recording this
conversation today. I did not tell them i was recording it.
It seems the only way i am going to get close to resolving this is
to
have some of the conifers analysed, but even then they might say it
wasn't their man that done it.
Is it worth dragging it all through the small claims court, or is
that
the approach they want me to take, and just dont bother.
This council is renowned for not admitting to anything they do
wrong.

I really dont know what to do for the best.
Thank you for all the supportive replies, it's very much
appreciated.

If you subscribe to "Which", you might be able to persuade them to
take up the cudgels on your behalf. They win far more frequently than
they lose.

Franz