Following 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.
Read MoreThe Board wishes to invite the community of Nocton Park to the Annual General Meeting of NPML at the Nocton Hub on the 24 October 2022 at 7pm. While only the shareholders can vote for any motion or resolution, as per the agreed motion in 2021 anyone from the community of Nocton Park can attend. All shareholders will now have received the formal documentation in regard to the motions, resolutions and updates. Any queries to contact the Managing Agent at enquiries@noctonpark.co.uk. The papers for the AGM are available in the Board Minutes section.
Read MoreFollowing a few requests for an update, the Board wanted to update all in the tree following damage from recent weather activity. Our preferred contractors have applied for permission from the tree officer to do both the emergency work and some maintenance (Crown reduction and lifting) to help prevent future damage to the tree. We are still waiting for a reply from the tree officer. When we have permission Welton Tree Services will be booking the cherry picker (by far the safest way to do tree work at such heights) both sets of work will be carried out on the same day thus making best use of the funds available , to do the emergency work now and then the routine work later would double the cost to us, but there may be a wait for the cherry picker to become available. The Directors thank residents for their patience. We will keep residents updated with any news as we get it.
Read MoreThe Board wish to update the community that a long running legal claim against a property owner for failure to pay their SC has concluded with the property owner deciding to pay all what is owed - shortly before the court hearing was due to commence. The Board is glad the property owner finally decided to meet their obligations in full including court costs and hope that this means that in future their commitments will be fulfilled when requested. The Directors will always try to be understanding and flexible for customers who are struggling to pay the SC due to financial circumstances but they do have a legal commitment to ensure that legal financial commitments of the property owners are met. The Board wish to thank the community for their support.
Read MoreThe Directors wanted to ensure the whole community that they are aware of the recent use of motorised vehicles on the amenity land in Nocton Park. We have received numerous complaints and the Board wanted to reassure the community that the Board will be writing to the members of the community who are undertaking this activity as it is considered both a risk to the user of these motorised vehicles and the community walking in the area as well as the risk of damage to the amenity area. The Directors wanted to ask all that the use of these motorised vehicles on the amenity area is not permitted without the express permission of the Board. Thank you to all for the support.
Read MoreThe Board would like to politely make the Park residents aware about the recurring issue we are facing about parking on payments and verges. There would seem to have been an increase recently which is both causing damage to the curb edge which will be costly to replace by NPML but it is also causing our Grass Cutting Contractors significantly problems with cutting areas which results in some grass verges not being cut. This in addition causes some issues to members of the community who have mobility issues or push children's pushchairs. The Directors fully appreciate that often parking can be difficult for some properties and they sympathise with some households with multiple cars with limited spaces available. Whilst the Board do understand that the pavement parking is not deliberately done to cause problems, unfortunately it is now affecting the grass cutting and causing damage. We are sure that while the Highway Code does state that parking on the pavement is not permitted unless there is clear siding permitting it, sometimes it would appear that there no other choices. All the Board ask for is consideration of the impact that parking on pavement is causing and consider using alternative places. Many thanks for your help and consideration.
Read MoreFor the note of the community, unfortunately the Park has been a victim of vandalism again and the football nets have been damaged. The Board will review if they can be repaired and then make a decision going forward.
Read MoreThe Board do wish to make the community aware that a complaint was made to the Information Commissioners Office - various allegations were made that NPML and the Managing Agent acted contrary to the General Data Protection Regulations 2018 requirements in regard to the way personal data has been handled. The Board do wish to state that the ICO have thoroughly investigated all the complaints and have found that the NPML did follow their legal obligations and the complaints / allegations have in effect been dismissed. The Board and the Managing Agent do wish to reiterate that they will at all times follow the data protection rules and laws, and will ensure that any personal data of the community is properly protected and managed accordingly.
Read MoreThe Board wish to make the community aware that unfortunately the tennis net has been vandalised and damaged beyond repair. It is clear that someone has taken strong wire cutters and a knife to damage the net to such an extent they cannot be repaired. The net was only replaced a couple of months ago at a cost in excess of £100. The Board have taken the decision to not replace the net yet, and consider their options after taking into the viewpoints of the community. Whilst we note some in the community will be very disappointed by the decision not to replace the net immediately, we are sure that all in the community understand that the Board have to consider the continual expenditure carefully. We are all very disappointed and saddened by the vandalism for no reason whatsoever.
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