Initial Business Response /* (1000, 8, 2015/07/16) */
*SEE ATTACHED*
To: Revdex.com Akron ([redacted])
In regards to: Complaint #[redacted]
This note is in response, as requested to a neighbor of my client, Ms. [redacted]. Upon backing my vehicle with trailer into Ms. [redacted]'s driveway the trailer...
"clipped" the corner slightly of the tree lawn of the city's property. This happens to be in front of Mr. [redacted]'s residence. As normal practice and procedure,the area was immediately addressed, on the company's behalf, and "lifted/repaired" as deemed necessary and appropriate for such "damage" (as stated by the neighbor).We, the company, are by all means proactive in addressing faults of our ownand making things right and fair. This person seems to still be dissatisfied with our willingness and repair actions that are complete. The incredibly small area, or corner of drive seems to be doing fine now, as turf needs a little time to recover as expected.
Thanks for the opportunity to readdress the concerns of a neighbor (not a client).
Sincerely,
Josh P.
[redacted]
Initial Consumer Rebuttal /* (3000, 10, 2015/07/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
First, let me say thank you for the response.
I will address the issues with your response one at a time, they are as follows:
1). The area is not fine, the surface is undulating and still resembles a the tire track where your trailer ran over our property.
2). The turf grass is not what the surface was prior to the incident. We still have bare soil showing and need to have this fixed ASAP.
3). The manner in which this was addressed, by stepping on it with the employees boot to attempt and flatten the surface, is not and should not be a normal business practice. It is a half hearted attempt to quickly cover the damage caused to the property by the company owner.
4). We request a further clarification as to your term "lifted and repaired" as no such repairs have been completed at last check at 8:30 AM on 7/17/2015.
5). Please understand the difference between and easement and property ownership. We as a homeowner, own the property. It is part of our plat/deed and will remain that way. The city holds an "no build" easement for a minimum of 20' from the face of curb. An easement is a "right" to use the property, but assigns no different ownership then the primary plat holder (Us). If the city requires to use the land they must perform a "taking" and adequately compensate the homeowner for the permanent use of the property. Sub sequentially, a new deed and survey of new property boundaries would be required. As a landscaper that performs such type of work (as A Low Maintenance Landscape does) it is important that you/your employees understand such items.
6). Turf does need time to recover from damage such as your company has caused. yet turf grass does not blossom past a total growth size of 1.5" square per seed over the typical growing season. Your damage to the property will require additional site prep and seeding/sod application to cover the ground and to meet the existing conditions that were in place prior damage caused by your trailer.
7). Whether a neighbor and/or a client, damage to a property caused by a business is of concern. All damage (regardless of property ownership) should be fixed accordingly and brought back to PRE-EXISTING CONDITIONS, not conditions deemed appropriate by the offending party.
for example: If one were to run into a car and cause damage, even if not your clients vehicle, and leave the scene it is considered a hit and run. If the vehicle owner wanted the damages fixed at a reputable dealer/shop, but the company that caused damage wanted to have it completed more cost effectively by a lesser quality shop, it is not up to the damage causing party to make such determinations.
8). If "A Low Maintenance Landscape" is unwilling/unable to complete the required repairs, we humbly request appropriate insurance information, i.e. general or property liability, (as is required by state law for property damage), so we may follow up with the appropriate company for settling the issue. We have said as much in a certified letter to Mr. P., but have not received the information.
9). The area (as provided in the visual documentation) is smaller then most, but that does not change the fact that damage was caused and needs to be remedied appropriately. We attached the image as documentation of the damage caused. This image was taken after the area was "repaired" by A Low Maintenance Landscape. As can be seen it does not match the existing conditions of the surrounding lawn.
At the end of the day, all we are asking is that the lawn be a smooth surface (as it was prior to the incident) and be seeded/sod applied appropriately to match the existing state of the surface prior to the damage. These requests are not out of line or financially intrusive. We hope they are resolved quickly and we look forward to hearing about how you will achieve said results.
Sincerely,
[redacted]
Final Business Response /* (4000, 15, 2015/08/07) */
Business owner spoke in person to Revdex.com. He said he was monitoring the situation and frequently had a truck in the area. He believes the area in question is recovering and does not need additional attention, but he will check from time to time.
Initial Business Response /* (1000, 8, 2015/07/16) */
*SEE ATTACHED*
To: Revdex.com Akron ([redacted])
In regards to: Complaint #[redacted]
This note is in response, as requested to a neighbor of my client, Ms. [redacted]. Upon backing my vehicle with trailer into Ms. [redacted]'s driveway the trailer...
"clipped" the corner slightly of the tree lawn of the city's property. This happens to be in front of Mr. [redacted]'s residence. As normal practice and procedure,the area was immediately addressed, on the company's behalf, and "lifted/repaired" as deemed necessary and appropriate for such "damage" (as stated by the neighbor).We, the company, are by all means proactive in addressing faults of our ownand making things right and fair. This person seems to still be dissatisfied with our willingness and repair actions that are complete. The incredibly small area, or corner of drive seems to be doing fine now, as turf needs a little time to recover as expected.
Thanks for the opportunity to readdress the concerns of a neighbor (not a client).
Sincerely,
Josh P.
[redacted]
Initial Consumer Rebuttal /* (3000, 10, 2015/07/17) */
(The consumer indicated he/she DID NOT accept the response from the business.)
First, let me say thank you for the response.
I will address the issues with your response one at a time, they are as follows:
1). The area is not fine, the surface is undulating and still resembles a the tire track where your trailer ran over our property.
2). The turf grass is not what the surface was prior to the incident. We still have bare soil showing and need to have this fixed ASAP.
3). The manner in which this was addressed, by stepping on it with the employees boot to attempt and flatten the surface, is not and should not be a normal business practice. It is a half hearted attempt to quickly cover the damage caused to the property by the company owner.
4). We request a further clarification as to your term "lifted and repaired" as no such repairs have been completed at last check at 8:30 AM on 7/17/2015.
5). Please understand the difference between and easement and property ownership. We as a homeowner, own the property. It is part of our plat/deed and will remain that way. The city holds an "no build" easement for a minimum of 20' from the face of curb. An easement is a "right" to use the property, but assigns no different ownership then the primary plat holder (Us). If the city requires to use the land they must perform a "taking" and adequately compensate the homeowner for the permanent use of the property. Sub sequentially, a new deed and survey of new property boundaries would be required. As a landscaper that performs such type of work (as A Low Maintenance Landscape does) it is important that you/your employees understand such items.
6). Turf does need time to recover from damage such as your company has caused. yet turf grass does not blossom past a total growth size of 1.5" square per seed over the typical growing season. Your damage to the property will require additional site prep and seeding/sod application to cover the ground and to meet the existing conditions that were in place prior damage caused by your trailer.
7). Whether a neighbor and/or a client, damage to a property caused by a business is of concern. All damage (regardless of property ownership) should be fixed accordingly and brought back to PRE-EXISTING CONDITIONS, not conditions deemed appropriate by the offending party.
for example: If one were to run into a car and cause damage, even if not your clients vehicle, and leave the scene it is considered a hit and run. If the vehicle owner wanted the damages fixed at a reputable dealer/shop, but the company that caused damage wanted to have it completed more cost effectively by a lesser quality shop, it is not up to the damage causing party to make such determinations.
8). If "A Low Maintenance Landscape" is unwilling/unable to complete the required repairs, we humbly request appropriate insurance information, i.e. general or property liability, (as is required by state law for property damage), so we may follow up with the appropriate company for settling the issue. We have said as much in a certified letter to Mr. P., but have not received the information.
9). The area (as provided in the visual documentation) is smaller then most, but that does not change the fact that damage was caused and needs to be remedied appropriately. We attached the image as documentation of the damage caused. This image was taken after the area was "repaired" by A Low Maintenance Landscape. As can be seen it does not match the existing conditions of the surrounding lawn.
At the end of the day, all we are asking is that the lawn be a smooth surface (as it was prior to the incident) and be seeded/sod applied appropriately to match the existing state of the surface prior to the damage. These requests are not out of line or financially intrusive. We hope they are resolved quickly and we look forward to hearing about how you will achieve said results.
Sincerely,
[redacted]
Final Business Response /* (4000, 15, 2015/08/07) */
Business owner spoke in person to Revdex.com. He said he was monitoring the situation and frequently had a truck in the area. He believes the area in question is recovering and does not need additional attention, but he will check from time to time.