I am quite often asked if I am a member of the FPWS and P&T and when I say no I am asked to explain why, which can be quite difficult within an initial telephone call, so I decided to publicise my experience with the P&T and the events of 2018 which unfolded following on from a complaint made against me by P&T member David Turner following my serving of an ex parte Award. In December 2018 David Turner admitted to a county court judge that the ex parte was valid and that his complaint was rejected by RICS in its entirety. I believe David Turner was better connected within the P&T than I. I would like to note that I was affiliated with both the London branch and Essex branches and the problem appears to have arisen from the London branch committee members, some of whom are also on the national committee. I have not experienced any problems with the Essex branch members and work with many of them on a regular basis without problem.
Irrespective of whether you have served a request Mr Stuart Birrell, Ms Shirley Waldron’s and the P&T view is that you must serve a 10 day notice under ‘clauses’ 10(6) and 10(7) before you proceed ex parte and you must also inform the other surveyor of your actions. This is the (erroneous) information imparted to me by Stuart Birrell & Shirley Waldron on behalf of P&T. I disagreed with this and as such…You will no longer be able to find my details on the P&T website and I will not be offered the opportunity to renew my membership.
I did what I thought was right for my Appointing Owner. He was going to lose his builder, I served an ex parte Award. The adjoining owner’s surveyor complained to P&T but did not complain about the content of the Award! I was summoned to an interview with Mr Stuart Birrell and Shirley Waldron whereby I refused to state that I would not do the same again; Stuart Birrell informed me the ex parte award is invalid. David Turner confirmed the ex parte Award to be valid to the Judge in the County Court! Graham North stated the ex parte Award stands! I will elaborate on Graham North’s purported third surveyor award later, all I will say at the moment is that it does not follow the guidelines that he helped create! P&T subsequently informed me that renewal of my membership would not be offered to my at the end of the current period. I still stand by my actions and will work diligently on behalf of my appointing owners, whether they are the building or the adjoining owner; I do not succumb to misguided demands from organisations. I will elaborate further on the following links as time allows;-
section 10(6) + (7) Lee Kyson’s view - is a work in progress.
promoting excellence still under construction - password