Ferdinand Posted March 7, 2018 Share Posted March 7, 2018 (edited) mediator = very lucrative if you are trained and have the contacts. For commercial mediators / facilitators you could get your £280 per hour. Maybe Edited March 7, 2018 by Ferdinand Link to comment Share on other sites More sharing options...
SteamyTea Posted March 7, 2018 Share Posted March 7, 2018 (edited) I have not read much of this thread, I have a life, but as you are dealing with the 'railways', don't they have some odd and peculiar rules and laws associated with them i.e. their own private police force. Edited March 7, 2018 by SteamyTea Link to comment Share on other sites More sharing options...
newhome Posted March 7, 2018 Author Share Posted March 7, 2018 1 hour ago, Ferdinand said: mediator = very lucrative if you are trained and have the contacts. For commercial mediators / facilitators you could get your £280 per hour. Maybe A friend is one in England. Seems to do pretty well Not sure a career change is on the cards lol. My next career change will be sitting on a sunny beach somewhere I hope Link to comment Share on other sites More sharing options...
newhome Posted March 7, 2018 Author Share Posted March 7, 2018 13 minutes ago, SteamyTea said: I have not read much of this thread, I have a life Ah yes, fixing hair rippers and suchlike 13 minutes ago, SteamyTea said: don't they have some odd and peculiar rules and laws associated with them i.e. their own private police force. Yes they do I believe and British Transport Police helped me when my car was trashed in the station car park. They proved that it had been smashed into by a guy who was there fixing the CCTV cameras who was then caught on his own CCTV. You couldn’t make it up! I still maintain that I have the upper hand for now as long as I tread reasonably carefully. It will be in their interests to obtain access smoothly, not battle with the householders every time. 1 Link to comment Share on other sites More sharing options...
newhome Posted March 8, 2018 Author Share Posted March 8, 2018 So my neighbours' expensive solicitor says that Network Rail are totally wrong and that they have to give 48 hours notice of entry in all cases other than an emergency. My neighbours' plot has been marked completely differently to mine. In their plan Network Rail only has access over the very front bit of the plot in brown which doesn't even give them access inside our main gate. So they can't actually come onto the plot at all according to my neighbours' deed of conditions, but in mine they can. Seems like this may rumble on for a bit ........ 1 Link to comment Share on other sites More sharing options...
newhome Posted April 10, 2018 Author Share Posted April 10, 2018 So an update on where this got to. The expensive solicitor that my neighbours employed wrote to Network Rail informing them of the 48 hour notice condition and asking that they comply. Network Rail have written back stating that they don't believe that they have to give 48 hours notice. So now 4 solicitors (vendors' solicitor, my purchase solicitor, next door's purchase solicitor, and now this expensive one) have stated that there is a 48 hour clause but Network Rail refuse to concede. The expensive solicitor has said that the next course of action would be to consider taking Network Rail on as they are sure that they have to give 48 hours notice but that it is likely to be very costly as Network Rail won't care about throwing money at it. So essentially even though we believe them to be wrong they win. My neighbour has suggested that I employ a different solicitor to ask them to provide another view on whether Network Rail are wrong but I'm not going to do that as I don't believe it would serve any real purpose as I'm not going to take Network Rail on and 5 solicitors saying that they are wrong won't alter that. What I do need to sort out is the route of access however as the one registered at the Land Registry is different to that agreed when I purchased the plot (that is categoric) and it can't take the route lodged at the Land Registry as I have a fence and a garage in that area now. Given that they took 3 years to register the plot are people really supposed to wait for a plot to be registered (apparently it can take up to 5 years) before building on any part of the plot in case the route recorded differs from that agreed when the plot was purchased? That just feels wrong to me. Link to comment Share on other sites More sharing options...
Onoff Posted April 10, 2018 Share Posted April 10, 2018 Get the press involved? Link to comment Share on other sites More sharing options...
lizzie Posted April 10, 2018 Share Posted April 10, 2018 @newhomeCan you try negotiating with them, through a third party if you have to. Perhaps see if you can get someone out from NR to see how it is on the ground and agree a work around on the route they take and the issues their behaviour cause you. Hopefully an agreed strategy between you and them - if you can get there - would be more beneficial that launching into a legal action against a big company with its own legal dept. No winners in that one. Good luck. 1 Link to comment Share on other sites More sharing options...
newhome Posted April 10, 2018 Author Share Posted April 10, 2018 Thanks @lizzie. I'm going to see if I can get a solicitor to see where the access route went wrong initially as there must have been a mistake made between my solicitor being sent the new access route (it couldn't be the old access route as it went right through the middle of my planned house and onto next door's drive blocking their access) and what was recorded. The route that has been recorded is a very odd one as it strays away from the main access gate into the site, goes through a fence, swirls across my main parking area, hits the corner of my garage and then rejoins the main driveway / shared area. It should just take exactly the same path as the shared area which is the most direct route to their gate anyway. The lady from NR did offer to come on site but my neighbour didn't want me to have any further contact with NR until their solicitor had completed their investigation in case I agreed to something that compromised their position I guess. Now that route has been extinguished maybe now is the time to broach it again. We have a huge legal department where I work too and I have seen some of the costs involved in taking on a large company and I most definitely won't be doing that. Annoyingly I have asked the solicitor who has my file to check the papers for me and he has just completely ignored my emails / phone calls. Do I have the right to ask for my file? Link to comment Share on other sites More sharing options...
lizzie Posted April 10, 2018 Share Posted April 10, 2018 46 minutes ago, newhome said: Annoyingly I have asked the solicitor who has my file to check the papers for me and he has just completely ignored my emails / phone calls. Do I have the right to ask for my file? Yes you do. As long as you dont owe him any money he has no reason to hang on it. Formally request it in writing and I would include a day and time you will be at his office to collect ........say 7 days. If he does not come up with it then get straight on to the Law Society and lodge a complaint. 1 Link to comment Share on other sites More sharing options...
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