Visiting tradesman -your responsibility?

Tygermoth

We had an issue with our boiler over last week. We have home emergency cover and they sent out a gentleman to fix it. Sadly it turned out to be pumping out carbon monoxide and was switched off by the engineer (moral of that little story get a carbon monoxide meter people!)

This necessitated several visits to fix the thing and on each occasion the engineer parking in the bay to the front of the house which has several marked spaces and a visitors spot. However on the last visit he arrived before us and for reasons known only to him he parked in the lane that runs along the side of our house that goes to two further houses instead.

Its seems that that the gentleman who lives in the house that owns the lane went out and asked him to move. By all accounts things escalated rapidly and each states the other threw a punch. No one saw this and a whole mess of he said she said was done. Police were called (did not arrive apparently) and drama ensued all over before we got home.

Totally clueless to what had been going on I wander up to my front door to find the lane owner camped out on our doorstep foaming at the mouth livid. We have had some mild run ins before regards a damp spot (which still remains) on a wall that can only be accessed from our garden and wanting comp for guttering he felt our tree contributed to falling off so he is rather rude to me as standard.

He was rather aggressive and did not react well when I advised that I was not aware anything had happened (he had assumed the plumber would have called me in the intervening time). He launched in to the fact that my employee had caused distress and assaulted him. I advised he was not my employee and was wholly instructed by my insurance company. At that point he accused me of flim- flamming him and I pay the insurer so to get my head out of my rear. (well, a less polite version)

This morning I have received a card through the door stating that the plumber was paid by me so therefore employed by me, he does not give two hoots what method that payment was made for example through an insurer. He is demanding several things but the main gist he is getting at is some form of compensation for the behaviour of my employee on his land.

I had provided him the complaints number for the insurer but he has decided that I am the quote ultimately responsible party unquote and refused to speak or deal with them. I have sent a copy of the card over to the insurer who seems to be rather casual regards the whole thing, which I can see why on a totally unwitnessed issue.

So my plan is a broken record approach of that I have passed everything along to the legal team at the insurer and not engage.

However my OH is working from home today and has spotted him coming round to the front of the house every time a car parks up in the bay so it looks like he is looking to catch me coming home.

I never want to make assumptions so I am just checking I am not going to get in trouble right?

Tygermoth

agggh I really hate this forum bug at the moment - I will go in and correct my post so its without apostrophes.

PasturesNew

As you said, he was not your employee and you cannot be held responsible for the choices of an independent contractor who visits your home when you are not present to check where he's parked and advise him to do otherwise.

The neighbour's thoroughly fed up with people arbitrarily choosing to park on his private land ... but that's not your problem if you've not directed visitors to that spot and told them "park there".

People DO make strange choices when it comes to parking - but that's not your fault.

As to his claim etc.... I got a bit lost on all that to be honest.

Doozergirl

I wouldn't bother editing. It's a bit hard to read but the jist of it is that your neighbour has a screw loose.

Even if the gas engineer were your responsibility (he isn't) no one can sue anyone for someone else's behaviour. Sounds like he brings it upon himself. He's not going to get anything from the insurer either and he's proving himself to be vexatious.

Tell him to get his solicitor to write to you. They'll give him short shrift. If he follows you around, I'd call the police on 101 and see if they have a PCSO that can have a word with him about his anger isses!

pinklady21

What a nasty man your neighbour seems to be! In my opinion (based on common sense, not the law as I am not a lawyer....) is that you are completely correct. You cannot be held responsible for the actions of a plumber who was engaged / contracted by you or your insurance company which are outside the matter you engaged him for. What I mean is that if he had been negligent in the course of his work repairing the boiler, that would be a different matter. But parking his van? What has that got to do with you.
Agree - broken record technique. Very calm and clear at all times, and if possible ensure all conversations are witnessed. Tell him that as far as you are concerned you have advised the neighbour what to do (contact insurer etc), and the matter is now closed. Advise neighbour that if he continues to raise the matter with you, this will be reported to the Police as harassment. Best of luck - nasty neighbours are stressful creatures to deal with!

Sorry cross posted with others!

davidmcn

No, of course you're not liable for where the plumber parks or what fist-fights he wants to get into.

bigisi

Tygermoth wrote: »

agggh I really hate this forum bug at the moment - I will go in and correct my post so its without apostrophes.

Just turn off smart punctuation on your device instead.

gardner1

OP......your neighbour is a w4nker.....just tell him to do one
You've given him the number to contact company that's the end of it,if he persists tell him to f..k off

franklee

Whenever you see him approaching can you record the conversation on your mobile phone? It sounds like harassment by the neighbour to me given his overall history of behaviour.

Hoof_Hearted

gardner1 wrote: »

OP......your neighbour is a w4nker.....just tell him to do one
You've given him the number to contact company that's the end of it,if he persists tell him to f..k off

You don't beat around the bush, do you?

Comms69

Tygermoth wrote: »

We had an issue with our boiler over last week. We have home emergency cover and they sent out a gentleman to fix it. Sadly it turned out to be pumping out carbon monoxide and was switched off by the engineer (moral of that little story get a carbon monoxide meter people!)

This necessitated several visits to fix the thing and on each occasion the engineer parking in the bay to the front of the house which has several marked spaces and a visitors spot. However on the last visit he arrived before us and for reasons known only to him he parked in the lane that runs along the side of our house that goes to two further houses instead.

Its seems that that the gentleman who lives in the house that owns the lane went out and asked him to move. By all accounts things escalated rapidly and each states the other threw a punch. No one saw this and a whole mess of he said she said was done. Police were called (did not arrive apparently) and drama ensued all over before we got home.

Totally clueless to what had been going on I wander up to my front door to find the lane owner camped out on our doorstep foaming at the mouth livid. We have had some mild run ins before regards a damp spot (which still remains) on a wall that can only be accessed from our garden and wanting comp for guttering he felt our tree contributed to falling off so he is rather rude to me as standard.

He was rather aggressive and did not react well when I advised that I was not aware anything had happened (he had assumed the plumber would have called me in the intervening time). He launched in to the fact that my employee had caused distress and assaulted him. I advised he was not my employee and was wholly instructed by my insurance company. At that point he accused me of flim- flamming him and I pay the insurer so to get my head out of my rear. (well, a less polite version)

This morning I have received a card through the door stating that the plumber was paid by me so therefore employed by me, he does not give two hoots what method that payment was made for example through an insurer. He is demanding several things but the main gist he is getting at is some form of compensation for the behaviour of my employee on his land.

I had provided him the complaints number for the insurer but he has decided that I am the quote ultimately responsible party unquote and refused to speak or deal with them. I have sent a copy of the card over to the insurer who seems to be rather casual regards the whole thing, which I can see why on a totally unwitnessed issue.

So my plan is a broken record approach of that I have passed everything along to the legal team at the insurer and not engage.

However my OH is working from home today and has spotted him coming round to the front of the house every time a car parks up in the bay so it looks like he is looking to catch me coming home.

I never want to make assumptions so I am just checking I am not going to get in trouble right?

He's not your employee. You have no liability.


Tell him to stay away from your property and if he persists you will seek damages for trespass.