Unautherised use of cherry picker in my garden? damage claim

jamesthe1

The flats next door asked a contractor to clean there guttering.

The contractor asked my wife for access but did not mention he would be using heavy plant equipment.

I came home at Lunch and found a cherry picker stuck in the centre of my lawn and a 4x4 trying to pull it out.

My lawn is damaged and there are clearly health and safety aspects of using a cherry picker on soft ground and with out permission for such equipment.

What can I claim from the company I don't know if they have damaged underground piping, or ancient wells, my house is in a ancient town all 500+ years old?

arcon5

jamesthe1 wrote: »

What can I claim from the company I don't know if they have damaged underground piping, or ancient wells, my house is in a ancient town all 500+ years old?

The cost of repair.

Get some quotes and submit them to the company or ask them to sort the quotes out and rectify it.

neilmcl

jamesthe1 wrote: »

The flats next door asked a contractor to clean there guttering.

The contractor asked my wife for access but did not mention he would be using heavy plant equipment.

I came home at Lunch and found a cherry picker stuck in the centre of my lawn and a 4x4 trying to pull it out.

My lawn is damaged and there are clearly health and safety aspects of using a cherry picker on soft ground and with out permission for such equipment.

What can I claim from the company I don't know if they have damaged underground piping, or ancient wells, my house is in a ancient town all 500+ years old

or simply damaged the grass, which will easily recover given the the time of year. If you want compo then you'll need to prove your losses, personally I think you're being a tad over-dramatic.

ince

Agreed. Pictures of damage please. Seems like you're after something for nothing.

Money-Saving-King

jamesthe1 wrote: »

What can I claim from the company I don't know if they have damaged underground piping, or ancient wells, my house is in a ancient town all 500+ years old?

Nothing if you don't know that they have actually damaged underground piping or ancient wells!

browneyedbazzi

arcon5 wrote: »

The cost of repair.

Get some quotes and submit them to the company or ask them to sort the quotes out and rectify it.

Exactly. They have to put right (or pay to have put right) any damage they caused. You have to give them the opportunity to fix it - if they don't then you can head off to small claims.

bris

The thing is you may have to chase the neighbour for repair, these machines tend to only operate when they go where they are told with no liability. Because you allowed the neighbour access to your land the buck may pass to them.
I know that when I got my house built I was liable for all damage to water and electric pipes because I was billed for both when they were dug up. I was also told that if they got a puncture I would be liable for that because it was my responsibility to make sure there was nothing on the land to cause damage to the machine.

Apples2

How come nobody damaged any wells whilst building a block of flats on top of them but a cherry picker wiping some gutters did?

Unless the flats are older than the wells of course!

Nicholas-bloody-Parsons

I agree with browneyedbazzi
You gave permission and have a verbal contract. You need to give them the opportunity to put it right any damage.

Contact a gardening company and get a professional opinion.

arcon5

A contract? Not sure i'd quite go that far... there's no consideration for starters to form a contract. Op merely gave them right of access and they have a duty of care.

If they don't put it right, then BEB is right, small claims is the way to go.... but before then you should instruct the cheapest quote to undertake the remedial work (after giving them the opportunity to do it themselves) and then go to small claims to reclaim the cost of doing so.

lucy03

It's worth bearing in mind though that if this becomes a dispute, there may be implications when selling the property in terms of notification that it has happened. Personally, I'd be tempted to let the matter drop unless there's damage that really needs money to resolve.