Following the update provided by the Board on the 11 July 2023, the Directors would like to provide further information. Following a review by the contractor, the Board have seen extensive evidence of the turf taking root, and while the aesthetic look may take longer than hoped, they are confident that the turf in time will come to fit in with the remaining grassed area. The Board also wish to ensure the community are aware that a significant planned element of the new layout is the playground now has far better disabled access - this ensures that the playground is available for all, irrespective of mobility. The Board are also aware that there has been some damage and removal of some turf - they are aware of the persons responsible. The Directors wish to politely but firmly ask the community to not to attempt to remove or damage any area to ensure the area can be enjoyed by all.
Read MoreFollowing the most recent stage of the Play Park Project, the Board appreciates that the recent work has possibly not been as effective or the standard as was hoped. We can confirm the contractor was chosen after being highly recommend to NPML. The Board and the Managing Agent are investigating the issue and will update all in due course as to what actions will be taken. The Board fully appreciates the frustration the playground flooring issuing has caused and can assure the community that the Board and Managing Agent will ensure it is rectified. In regard to the fence, this was removed after a safety inspection by a RoSPA authorised safety inspector stated that the fence was a safety hazard and that it should be removed. We can confirm that all the safety issues highlighted by the safety inspector have been rectified.
Read MoreAs the community will be aware, as part of the Board's Works Programme, the roads in and around Nocton Park have been sprayed for weed growth and then swept by a commercial road sweeper. This was to ensure that the maintenance of these roads was brought up to date. The Board does appreciate these works have prompted some questions within the community, and the Board wishes to answer these. One issue that has been raised is: why weren't the adopted roads sprayed and swept? The Board wishes to remind you that for the adopted roads; NPML does not have the necessary permission or licence from the Highways Department at Lincolnshire County Council to undertake any work on the roads or pathways. Should NPML undertake this work, not only would the cost and liability rest with NPML but Highways may object strongly and issue proceedings. The responsibility for the adopted roads lies with the Highways Department. Thus, even if the Board wanted to undertake the works on these adopted roads, we could not as it may put the liability on NPML and cause unnecessary legal complications. The Board does appreciate that previous Boards, Agents and Contractors may have undertaken works on adopted roads - and while the Board do not wish to comment on these actions, the current Board take their legal responsibility seriously, and also they feel it would be inappropriate to use NPML funds for works for which they have no responsibility and may cause future problems. The Board does empathise with the frustration of the owners of properties around the adopted roads, and the Directors feel that these property owners should contact the Highways Department to question why the work has not been done, when the work will be done and what future plans there are to ensure the works are done. To conclude, the Board also wishes to respond to some owners of properties on unadopted roads who feel that the roads outside their homes have not been maintained. Unfortunately the design and size of some road areas meant that the large road sweeper was not able to attend, turn or move which meant that the contractor was unable to cover every part of every road. The Board will look to review this issue when future unadopted road maintenance is planned. Thank you to the community for your support.
Read MoreThe Board wish to give notice to all shareholders of NPML that they are calling an AGM (as required by statute) on the 10 August 2023 at 6pm at the Nocton Hub. The formal notice letter and email to shareholders will be sent today with the details of the proposed agenda and invitation for shareholders to nominate any persons for the role of director. The agenda and proxy forms will be sent towards the end of July 2023. The Board do wish to confirm that following a decision by the shareholders in 2021 non-shareholders can attend the AGM but will not be entitled to vote, and with the permission and discretion of the Chair can ask limited questions.
Read MoreThe Board would like to confirm that they have agreed that following a review of the unadopted roads on NP, they have arranged for the unadopted roads to be sprayed with weedkiller on the 14 June 2023 and then the unadopted roads to be fully swept by a commercial roadsweeper on the 28 June. To ensure that as much of the roadway can be maintained, can we ask that cars are not left on the roads in NP from 9am to 5pm on those days. This is is also to ensure that no cars are at risk of any damage from these activities.
Read MoreFollowing a full safety and operational use review by a RoSPA authorised safety inspector and a full report, the Board have fully reviewed the report and work has been agreed to commence. The fencing of the playground will be removed (as it was deemed not necessary) and the bark will be removed. The flooring area will then be levelled and new turf placed around all the area currently covered by bark. We have been advised that turfing is perfectly safe for the playground area but for additional safety there will be rubber matting at the ends of some of the play ground equipment. Whilst the Board appreciates this is a big change to the way the playground area will look, they feel that it is the best for not only safety but also for long term maintenance. It will be added to the area that our normal grass cutting contractor will maintain. If any of the community of NP wishes to have the wooden fencing or the bark please let the Managing Agent know.
Read MoreThe Board wishes to make the shareholders and community aware that they have successfully defended a claim by a former contractor in Lincoln County Court. The District Judge agreed that the claim had no basis as the actual grounds and substantial elements had not be proven. The Judge therefore threw the case out. The Board had tried on numerous occasions to offer a fair settlement 'as a goodwill gesture' to stop any costs or resources being used but this was rejected by the claimant. The Board then had no alternative but to defend the claim - a defence which was supposed by evidence and ultimately successful.
Read MoreFollowing on from the various issues raised by some PS properties in regard to the wording of the Service Charge demands recently received, and the wording for the 2022 and the initial 2023 Notices, the Board wished to offer some clarity. The Directors fully appreciate that some of the PS Property Owners have wished for clarification. Following very helpful clarification and suggestion from HM Court, the Board reviewed the specific wording of the Notices and have issued amended documents to all PS Property owners - either by email (if the email address has been provided) or by post. The wording on the Notices for 2022 and initially in 2023 is what the Board felt represented what they did for the community - in that they are managing the Nocton Park amenity area estate and the needs of the remaining Park which they are responsible for. There was no suggestion or stipulation that it was for anything else. The Board have decided that the specific section of the original covenant signed by the Board of NPML and the initial developer (the covenant also applies to the successors - i.e., the subsequent purchasers of the houses that the developer built) will be quoted on the demands - this was specifically and very clearly suggested by the Court in a recent case. As some have asked if there will be any further changes to the service charge demands in 2024, the Board can confirm that unless any legal advice is received to the contrary, the 2024 demands which will be sent out in early January 2024 will state as follows: NOTICE OF SERVICE CHARGE FOR 2024 As specified in the Deed of Covenant on your property (s1.1 and s1.2) which states the contractual commitments and permissions of each party and was agreed by the current property owner as successors of the original covenant agreement. The Board, appreciate the concern some property owners in the PS area of Nocton Park may have felt, and hope that this issue can now be put behind everyone and the Board can continue to focus on the betterment of the whole community. For note - the scanned document has been uploaded to the NPML Articles section of this website.
Read MoreFollowing on from a recent court case involving one of the members of the community, the Board wishes to clarify some inaccuracies and ensure the community is fully aware of the actual facts of the matter, and to give some context. The Board first wish to ensure the Community is aware of a recent social media update from a 'Chris Alexander' , and the fact that this name is an alias for a member of the community who has a history of making unfounded allegations, rumours and causing the community much angst whilst not being willing to be honest about who they are. The Board encourages conversation, but it should be able to expect to deal with actual people - not people who hide behind an anonymous shield. The conversation should be non-confrontational and courteous, without unfounded assertions or allegations. The Board work very hard for the community - all the community including the PS properties - and should not have to deal with abuse, threats or unfounded allegations. The Board has a legal and fiduciary obligation to ensure that all members of the community who have a legal contractual convent on their property pay their legal commitment. If any properties do not pay, the Board will do their upmost to encourage payment, offering payment plans and as much discretion as possible. But there is a line when the Board have no option but to take the debt collection to a Court for them to make an order. This is only done after at least four or even five opportunities are given for payment. If the Board does not ensure that properties pay their obligation, then eventually NPML will be in the same financially perilous position it was when the new Board and Managing Agent took over in September 2021. At that point there was in excess of £10k owed in service charges - this had a devastating effect on the ability of the Board to pay for the much needed maintenance and capital investment. At that point NPML was heading for insolvency. On joining the Board the current Directors had to take this perilous position seriously and had to ensure all that properties paid their contractual obligation, and by doing so this debt level was reduced from in excess of £10k to around £1,300 by the end of 2022. This has allowed the Board to authorise the much-needed work on the playground, ensure the much loved walnut tree in the Akrotiri Square was cared for, and to start the major work on the Park boundaries, including tree management and the forthcoming clean-up of the ditch which runs across the amenity land. If the Board permit one property to neglect their financial obligation to NPML, then it would take a very short period of time for all properties to think they can ignore their obligation and before long the whole company of NPML, and thus the managed areas would fall into disrepair and left completely unmanaged. I am sure the community would agree this is not the option that the vast majority of the community would want. The Directors do wish to clarify and make the following point very clear - the decision to take someone to court is made very reluctantly and it is the absolute last port of call. Regarding the recent court case against a PS Property Owner, the suggestions that the Judge made various threats (about sending the Managing Agent to prison), that it was a fraudulent claim, that the defence was successful, that the Judge agreed with the defendant in totality - are not correct, they are preposterous and an attempt to besmirch the Board and Managing Agent. The Judge did thank the Managing Agent for the honest evidence on multiple occasions. The District Judge did make various comments to the Defendant that he did have an option to pay on numerous occasions the amount due (which the defendant has always agreed but chose never to pay - yet enjoyed the use of the amenity area for the last year) and that it was very unfortunate that this dispute has ended up in court. Whilst the Judge did clarify what the formal demand should say and what it shouldn't, which the Managing Agent agreed was the best way forward, it was made clear to the defendant that he should pay the service charge at the earliest opportunity and could have done so over the last year. If this had been paid, then all of this unfortunate episode would not have had to happen. The Managing Agent or Board were not directed or instructed by the Judge, nor was any threat made - he did make some suggestions as to the best way forward and clarified the following: 1. The formal demand should say 'Service Charge' 2. The formal demand should say as follows: 'as per the Deed of Covenant section 1.1 and section 1.2' - this the contractual commitment of each party of the deed of covenant signed upon purchase of the property. This contract section states that the charge is for the use of the community amenity area and the requirement to pay the service charge which is due annually. He did clarify that the formal demand does not have to state 'for the use of the amenity land' as this was implied in the contractual terms. The decision to withdraw the claim was the professional decision of the Managing Agent in order to ensure that the Board could follow the suggestions of the Judge. This allowed all parties, both the Board and the defendant to reflect upon the Judge's suggestions and proceed as was recommended. The Board will never shy away from undertaking its obligations to ensure that NPML remains financial secure. The Directors are very pleased and proud that in 2022 and early 2023, more properties paid their service charge than ever before, there are fewer than ever properties in debt for the service charge account, more residents have expressed their satisfaction than ever before and there has been a big reduction in complaints. While the Board does recognise that there are some members of the community who have expressed their dissatisfaction with some decisions of the Board, the vast majority of the community are supportive on the endeavours who recognise the significant work being done for the betterment of the whole of Nocton Park. The Directors wish to thank everyone for their support and look forward to a harmonious community relationship with all.
Read MoreThe Board wanted to update the Community on the major capital and maintenance decision making after a request for clarification. The main issue in all capital investment and regular maintenance decisions of an area is the amount of funds the company has. When the Board took over in autumn 2021, the first issue they wished to be addressed was the financial stability of NPML - and a short and long term review was undertaken to first bring the financial issues to the fore, and then address these issues. As the Board have stated previously, the state of the finances in early 2022 were quite perilous (with a risk of insolvency) and it needed hard, careful decisions by the Board to stabilise the financial foundation. This meant that all major capital investment had to be very carefully vetted and initially only running maintenance was initially permitted. This allowed the Board to then plan for the medium and long term. The Board have undertaken a review of the issues they want to address which includes the wooded and the edge of the amenity areas (that have been neglected for a long time), the urgent capital work on the flats (that again has been overdue for many years), the work on the playground and then look at the roads in The Park. Rostrop Road was resurfaced a few years ago using a significant amount of NPML funds. I am told this was desperately needed and the work was part of the capital investment programme of the previous Boards. The Board is aware that there was a previous plan to undertake a full review and repair all roads (part from Wegberg Road) using NPML funds - Wegberg Road was to be charged separately to the owners on that road. This project did not proceed due to opposition. The Board is aware that Habaniya Drive needs some work including the pot hole work, as do Akrotiri Square, Steamer Point Road and Khormakser Drive. There are some repairs to kerbs etc also needed on these roads. However, we can't really make any concrete plans until we know what's happening with Wegberg and specifically the work that Mr Sowerby is under an obligation to address but hasn’t been completed. The Board fear that a proper works project on all the retained roads will need a proper, formal and comprehensive consultation with the shareholders as the costs for these may require a significant and long term increase in the service charges required by the shareholders. The Board have asked the Managing Agent to start planning for the minor work on the various roads that need some reparatory work. Whilst we can't give a specific timeframe for this work, please be assured that it is in the planning matrix of work for Nocton Park. In regard to the work across the Park, now that the finances and organisation of NPML have somewhat settled, the Board have been fully discussing and agreed the plan for what work is a priority and what can be part of the 3-5 year plan. These pieces of work include the major investment in getting the amenity areas back to a reasonable standard, the work on the trees with TPOs that need careful management as well as the ditches around The Park. To conclude, as I started, the main issue for all is the funds available. The annual charges are the only income source for NPML and thus all decisions using these funds must be carefully considered as unfortunately the amount of resources that can be used for long term capital investment needs to be built up over a number of years for the major works.
Read MoreThe Board would like to ask the community in regard to communication with the Directors. Whilst the Board would actively encourage the community to contact them for any major question about the strategic direction NPML is taking, they would like to ask that all communication is either through the official email (enquiries@noctonpark.co.uk) or by post at the official registered address (61 Bridge Street, Kington, HR5 3DJ). This is to ensure that all correspondence is properly recorded and managed appropriately The Board do wish to state that any hand delivered or posted letters to the private residences of the Board will not be accepted - any attempted deliveries may be ignored without opening. This is to protect the privacy of the directors as their own homes are not for NPML correspondence. The Board do wish to confirm that ALL communication sent to the Board is seen by them and they approve all responses to the Community. The Directors wish to thank the community for their support and through working together Nocton Park will flourish to the benefit of all.
Read MoreThe Board are very much proud to announce to the Community that our Arboricultural Tree and Grass Cutting Contractor has been voted the second best in their category across of all of Lincoln and the surrounding area. This included a rigorous review of the standard of work. The Board have been very impressed with the standard of work we receive from Welton Tree Services and very much look forward to continuing the working relationship with this contractor.
Read MoreAs most of the community are aware, our Arboricultural Tree Contractor has over the last few weeks been working through the wooded sides of the amenity area. The Board do wish to state that this work is very long overdue and has been caused the lack of work in previous years which has contributed the unfortunate state of this area. The vastly overgrown area has become quite dark and prevented a lot of natural growth on the lower levels and the floor of the wooded areas and not encouraged native species. While the work round the edge of the amenity land looks drastic it is not. It has been carried out in consultation with our arboriculturist and consists of removing only dead wood, a small amount of self sown trees and scrub and ivy. This will have the effect of opening up the area to air and light allowing a wider diversity of plants in the area. The work is routine maintenance that should have been carried out previously. It will also allow our grass cutting to get closer to the edge of the field and improves access into the area, should residents wish to walk between the trees. The directors also have some very young native trees that will be planted in any very large gaps in the next month which will both allow the area to encourage native species, it will also encourage natural wildlife. It is the intention of the Board to establish a pattern of regular maintenance, including tree work, the around the amenity land which will in time open up more if the area for use and protect the health of the trees.
Read MoreThe Directors have received some concerns from the community on the recent work on the main ditch area in Nocton Park. The Board does want the community it be aware that most of the bank clearance on the ditch was done by Dyson Farms and their contractors which unfortunately left a lot of damaged Nocton Park trees which were overhanging. The machinery used by their contractors did leave a lot of trees needing some attention and such the Board had to ask our Arboricultural Contractor to undertake the necessary work. Future, regular maintenance will prevent the need for such radical work.
Read MoreThe Board have recently decided the Services Charges for 2023 which will affect all properties in Nocton Park. All properties will have either received an email or a hand delivered newsletter with this detail. The Directors have had to take a very hard decision on the significant rising costs they are facing for all the works undertaking in the Park and thus they have reluctantly had to increase all the service charges for property owners. If any property or lease owners have not received the newsletter with the detailed new charges, please can you let the Managing Agent know and they can provide a copy of this. The formal Notice of Service Charges which is individual to every property will be sent in early to mid January 2023. Many thanks for all your support.
Read MoreThe Board do wish to ensure the Community is aware of the commencement of the large arboricultural works on the amenity land at the left of the grass area. This work will help restore the natural variety of the trees and give light to the area. It is a long term piece of work as this urgently needed maintenance has not been done for a very long time. Over the next few months more of this work project will continue.
Read MoreTo ensure that the community are aware of the dates of the arboricultural works over the autumn and winter, the dates scheduled for the works are: 15 November, 15 December, 17 January, 15 February and 16 March. The schedule of the works have been agreed with the contractor but they will be concentrating on the various tree issues across the Park. Thank you.
Read MoreFollowing the AGM on the 24 October, one of the discussion items was the possible formation of a Volunteer Team to support the Board of NPML in regard to helping to manage the issues faced by the Park. The Board would like to invite expressions of interest to the community for anyone who wishes to become part of the Volunteer Team. This will hopefully allow people who want to help but don't have sufficient time to become a Director of the Board. If anyone wishes to express an interest please can you email enquiries@noctonpark.co.uk. Many thanks.
Read MoreThe Board wish to update the Community that they have heard back from Information Commissioners Office who have confirmed that they will not be taking any action and will not be investigating further. The Managing Agent and the Board do appreciate the impact the breach may have caused but feel that the decision from the ICO is the reassurance that the procedures taken, both at the point of breach and subsequent was correct and appropriate.
Read MoreThe Board wishes to place it's thanks to the attendees to the recent AGM of NPML. The Chair and Managing Agent were very appreciative of the time that the people attending took which gave everyone a chance to allow a thorough discussion on various issues affecting the Park as well as a chance for the Board to update the community of what has been happening in the Park as well as their intention for developing a 3-5 year plan to manage all the major issues affecting the local area. The Board hope everyone can see the progress that has been made but also the forward thinking and plans for the betterment of all.
Read MoreThe Board wish to make the Community aware that over the last year there have been several messages and articles on social media from a person called 'Chris Alexander'. The Board are of the opinion that this 'person' does not live on Nocton Park and is likely to be an alias of a person known to the Board. The Board are quite sure who this person actually is. The Board would invite the community to be cautious of any messages from this 'person' on any social media platforms. Thank you.
Read MoreThe Board wish to remind all shareholders attending the AGM on the 24 October 2022 that if they wish to vote on any of the Resolutions they must bring their shareholder voting cards to ensure that it can be recognised they have a right to vote. This is to ensure that while all the community is entitled to attend (including PS Properties) only the shareholders are entitled to vote. Any questions please let the Managing Agent aware. Many thanks.
Read MoreThe Board wish to notify the community that there has been a small data breach of a small amount of property owners personal details. We are not aware of any direct consequence this will cause but appreciate that this should don't have happened. We have reported the breach to the ICO and we will be writing to the affected parties over in the next 24 hours. If any affected parties have any questions please will they let the Managing Agent know who will be happy to help. The contact details are enquiries@noctonpark.co.uk. The Board and the Managing Agent fully apologise to the community and the affected parties and have ensured this breach cannot happen again.
Read MoreIt is with great sadness that Buckingham Palace has announced the death of HM Queen Elizabeth II. The Chair and the Board of NPML wish to express their sincere condolences to the Royal Family on the death of HM Queen Elizabeth II and express their support to our new King and Queen Consort. Further messages will be published by NPML on any plans to mark the death of HM Queen Elizabeth II in due course.
Read MoreFollowing a successful grant application by a local group, the Board are delighted to make the Park aware that there will be a defibrillator installed at the Hallside Flats on Wednesday 07 September 2022. This vital life saving piece of equipment will be available for anyone's use in an emergency. The Board wish to thank the various individuals who have worked hard to get the defibrillator funded and installed.
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