Openreach Destroyed my garden in a rented van and won't do anything about it

Chino

littleboo said:

I cant see the relevance of who they were subcontracted to, its a simple case of someone damaged property with a commercial vehicle.

The reason why it's relevant is that it's why they were on the OP's property in the first place. It's not the OP's job to trace all the individual contractors that BT's Openreach subsidiary employed for the job.

Chino

Deleted User said:

Openreach limited are actually a separate company that is owned by British Telecommunications Plc

So not separate at all, then.
It it was separate, BT would have no stake in the company.

[Deleted User]

Chino said:

Deleted User said:

Openreach limited are actually a separate company that is owned by British Telecommunications Plc

So not separate at all, then.
It it was separate, BT would have no stake in the company.

I guess you don't know what a legal entity is?

littleboo

Chino said:

littleboo said:

I cant see the relevance of who they were subcontracted to, its a simple case of someone damaged property with a commercial vehicle.

The reason why it's relevant is that it's why they were on the OP's property in the first place. It's not the OP's job to trace all the individual contractors that BT's Openreach subsidiary employed for the job.

They spoke to the driver, pulled the van out and photographed the scene, plenty of opportunity to ask the driver for their details, just as you would normally do if a motor vehicle damaged your car, wall, garden etc

cgfw201

littleboo said:

Chino said:

littleboo said:

I cant see the relevance of who they were subcontracted to, its a simple case of someone damaged property with a commercial vehicle.

The reason why it's relevant is that it's why they were on the OP's property in the first place. It's not the OP's job to trace all the individual contractors that BT's Openreach subsidiary employed for the job.

They spoke to the driver, pulled the van out and photographed the scene, plenty of opportunity to ask the driver for their details, just as you would normally do if a motor vehicle damaged your car, wall, garden etc

Thing is, on the day I reported it to BT and they said "sorry about that, leave it with us" and I thought that would be the end of it.
From a legal point of view, DWF Law represent both BT & Openreach and they don't actually acknonwledge Openreach in how they refer to anything, as far as they're concerned it is all BT.

iniltous

Confusion over the who is liable in this case is understandable, there is no agreement amongst the barrack room lawyers on here, if the OP was either advised that ‘BT Group’ were liable or assumed that they were, then that has proved to be incorrect....the liability apparently is with the TM company either with their motor policy or their company public liability cover.
In away it’s a strange argument that BT Group are liable , if the contractor has its own insurance, and although conflating two areas, imagine if you personally employed a contractor , and on the way to do the job  close to your home , that contractor caused an accident, if ultimately the liability for that fell on you because you employed the contractor and if it were not for your employment of that contractor they wouldn’t have been where the accident occurred  ( so therefore it’s your liability ) seems contrary to natural justice.
Perhaps in America it would be litigated but thankfully not here.

Its not like the OP has no recourse, it’s just not with the company they initially thought,