Gigaclear forcing me to have cables in my land

babyblade41

Hi I hope someone can help, I have had a letter from Gigaclear asking permission to lay fibre cables on my land. I have a small farm rescue that my animals have free run in that field and I most definitely don't want contractors digging it up, leaving gates open etc etc. They have stated that if I don't give permission then they will take me to court and enforce it.

Can someone help, I'm so worried , my rescues are my life and the thought of their daily routines being distressed even for one day fills me with dread

We have satellite BB here and it's excellent , we even have satellite phone which is a great service so the pull of super fast BB isn't an incentive

Many thanks in advance

iniltous

Have they offered any payment for placing their cables in your land ?

You can refuse to allow them access to your land , they don't have
any automatic right to put their kit on private property, but they do have the option of going to court for a compulsory wayleave

From their point of view, a compulsory wayleave is a last resort, costs them money , and has no guarantee of success ....if you feel strongly enough and don't want to extract £££'s from them in a wayleave payment (that gives them access) then tell them No , and that they should look at alternatives routes, which probably will be available , just more costly to them than going through your land.

unforeseen

I doubt they would be successful in getting a compulsory wayleave. They are for essential utilities, not a broadband feed as part of their network.

I think they are trying to save money by routing direct across fields and properties instead of going to the trouble of having to get permission from the council to lay their cable along roads as is normal and paying the additional costs.

ETA

From what I can find out a compulsory wayleave can only be applied for by electricity companies.

[Deleted User]

Is this threat to take you to court in writing?

Gigaclear

Just as a quick note. Apologies not to be able to be active in these forums. But we thought best to offer some clarity in this situation.


We do have what are referred to as code-powers to work where we need as this is an essential piece of infrastructure, we of course much prefer to discuss these matters and reach agreement without any need to call upon them.


These lines are so important to local livelihoods; the rural areas we serve are desperate for the bandwidth we bring.

We will absolutely work with babyblade411 to make sure that anything that has to be done will be done sensitively. All of our work is in rural locations and we absolutely understand best practice for this kind of area. If it is possible to avoid the field altogether we may, but this will have to be discussed.


We have reached out on other channels but for record we can be contacted on [EMAIL="support@gigaclear.com"]support@gigaclear.com[/EMAIL] for general customer concerns. There are specific contact details on the letter sent regarding the matter.


Many thanks,




Gigaclear Customer Care

boatman

That all sounds fair and reasonable but often its not quite that smooth in reality, although I'm sure you make every effort.
Perhaps a solution is to offer free connection to Gigaclear and 2/3 years free broadband, and perhaps some help with temporary fencing, it will cost Gigaclear barely anything, much cheaper than dealing with legal types, but be of great advantage to a customer.

unforeseen

https://robbratby.com/uk-telecoms-law/electronic-communications-code-and-telecoms-planning-issues/

oldagetraveller

Gigaclear wrote: »

Just as a quick note. Apologies not to be able to be active in these forums. But we thought best to offer some clarity in this situation.


We do have what are referred to as code-powers to work where we need as this is an essential piece of infrastructure, we of course much prefer to discuss these matters and reach agreement without any need to call upon them.


These lines are so important to local livelihoods; the rural areas we serve are desperate for the bandwidth we bring.

We will absolutely work with babyblade411 to make sure that anything that has to be done will be done sensitively. All of our work is in rural locations and we absolutely understand best practice for this kind of area. If it is possible to avoid the field altogether we may, but this will have to be discussed.


We have reached out on other channels but for record we can be contacted on [EMAIL="support@gigaclear.com"]support@gigaclear.com[/EMAIL] for general customer concerns. There are specific contact details on the letter sent regarding the matter.


Many thanks,




Gigaclear Customer Care

If you don't get your own way then, if as the o.p. has indicated, you threaten court action?
Nice one.

Hazzanet

Any relation?

Robin9

babyblade41 - you are in the driving seat here. You are quite entitled to say no.

Look at it another way - I presume you need money to support your rescue and if there really is no practical alternative for Gigaclear they will find some money to ease the transaction. There will be little scope in the payment of the wayleave rental - if paid by the meter then perhaps 30m can be 50m. Where there is scope is in compensation payment for any damage caused during the works.

J_B

Robin9 wrote: »

Where there is scope is in compensation payment for any damage caused during the works.

As an ex farmer, I *think* that you need to get a good and agent to act on your behalf and make them pay the fees, which is 'normal practice'

Gigaclear wrote: »

We have reached out on other channels .............

Can you say that again in (GB) English please?