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

Mickey666

cgfw201 said:

Mickey666 said:

cgfw201 said:

Mickey666 said:

"Openreach Destroyed My Garden"

Really?  Firstly, it doesn't look like a garden to me, more like a field.  As for 'destroyed', the photo seems to show that a tyre simply dropped off the concrete roadway and has made a bit of a muddy rut the width of the tyre.  The rut doesn't even extend into the field and arguably has made the edge of the roadway neater by not having the grass encroaching over it, as it does further along the road way.

The grass will soon grow back and the 'destruction' will be invisible in a few weeks time.  Please post a photo in April - my bet is that the rut won't be visible.

Total over-exaggeration.  Not surprised about Openreach's reply - they probably though the OP was having a laugh.

It's a matter of principle. If that was your garden and they'd done that, and taken no responsibility for it and told you to get lost, you'd be annoyed too. Doesn't matter if it's a field, a garden, a driveway, your house, it's all private property and it's all their responsibility. 

Holes don't fill themselves in, and grass doesn't magically start growing. 

No I wouldn't.  My lane to my house is about 1/4 mile long and vehicles occasionally drive off the tarmac and onto the grass.  A week later and there's nothing to see, especially in the summer when the grass is growing.

If you want to make a fuss over an insignificant event as a matter of principle then I guess you have that right, but my bet is that by the time you've sorted out what to do or have resorted to legal action, the grass will have grown back naturally and the 'destruction' will be invisible.  Good luck in court btw - I hear they take a dim view of frivolous actions wasting their time.


PS:  FWIW, I agree with you that Openreach should not be ducking this issue on the basis of the damage being done by a contractor.  OR must have hired the contractor to work on their behalf so OR has the responsibility for the work.  Also, the fact that they self-insure is also irrelevant.  It is simply their (legitimate) choice to run their business that way but it cannot absolve them of their responsibilities.    But really, try chilling out instead of getting all 'Victor Meldrew' - it's a trivial thing that will heal itself in a few weeks and stressing out will do your blood pressure no good at all.

dont worry im not losing any sleep over it! 

(but it has been 8 weeks. it won't fix itself.)

It won't fix itself over the past 8 weeks of winter, but wait until April/May and then give it eight weeks.
I look forward to seeing another photo around the end of July

Roland_Sausage

From the photo it was neither an Openreach van or Openreach employee driving it, and nor was it a rented van.

 It's Sunbelt rentals who Openreach get to do their traffic management for them. You can tell from the traffic lights in the back of it. They don't rent out vans, they rent out equipment.

Someone employed by Sunbelt is always there to set up and supervise the traffic lights, so it would have been a Sunbelt employee driving the vehicle so you should contact them.

https://www.sunbeltrentals.co.uk/equipment/traffic-management/

Pete99

Your contract is with Openreach, who they decide to employ as a subcontractor is their business, but any damage done to your property is down to Openreach to sort out, all companies have public liability insurance and that's who you need to contact, Openreach normally just organize repair and pay up, or they did when I'd accidentally caused damage when I worked for them, you could try going through your own insurer making it clear that you're not claiming on your own insurance.

iniltous

I also though I saw photo of a traffic management vehicle (TM)  being towed out , presumably that photo has since removed, where I was slightly puzzled is what was it was doing on your driveway ?, obviously if OR had TM booked on the public highway , because the works on the highway required TM to keep everyone safe ( OR employees and the public) that’s one thing, but I doubt they would pay for TM on your driveway, the traffic lights were on board the vehicle suggesting they were not in use.
Your ‘personal’ traffic would simply have to be careful as you joined or exited your driveway ,  so, for arguments sake , if this TM contractor, ( paid to do work on the highway by OR )  used your driveway as a convenience  ( to turn around for example ) and got stuck and damaged your property in the process , who is liable ?, the TM company will have insurance, if this vehicle was involved in an accident on the way to , or from the ‘job’ OR wouldn’t be liable for that.
 I would suggest if OR never actually asked this TM company to manage the traffic on your driveway , and I cannot see why they would, and the driver should not have been there , as that wasn’t part of the job for OR , then it’s unlikely that OR would be responsible for the  ‘damage’ that company caused, but the TM insurance company ( vehicle or company insurance) would be.

cattom

typical modern day kind of attitude here, 'oh well its not my vecihle not my land, I've done the job I'm paid to do'. as you said in your earlier post, probably on his mobile phone, mind on other things. all he's worried about is what time's he going to get home and whats for dinner.

Mickey666

iniltous said:

I also though I saw photo of a traffic management vehicle (TM)  being towed out , presumably that photo has since removed, where I was slightly puzzled is what was it was doing on your driveway ?, obviously if OR had TM booked on the public highway , because the works on the highway required TM to keep everyone safe ( OR employees and the public) that’s one thing, but I doubt they would pay for TM on your driveway, the traffic lights were on board the vehicle suggesting they were not in use.

Seems that ALL the photos have since been removed, presumably because they didn't support the hysterical claim that "Openreach destroyed my garden".  Perhaps the OP will also change the thread title to "Openreach left a tyre track on my grass field" for consistency?

cgfw201

iniltous said:

I also though I saw photo of a traffic management vehicle (TM)  being towed out , presumably that photo has since removed, where I was slightly puzzled is what was it was doing on your driveway ?, obviously if OR had TM booked on the public highway , because the works on the highway required TM to keep everyone safe ( OR employees and the public) that’s one thing, but I doubt they would pay for TM on your driveway, the traffic lights were on board the vehicle suggesting they were not in use.
Your ‘personal’ traffic would simply have to be careful as you joined or exited your driveway ,  so, for arguments sake , if this TM contractor, ( paid to do work on the highway by OR )  used your driveway as a convenience  ( to turn around for example ) and got stuck and damaged your property in the process , who is liable ?, the TM company will have insurance, if this vehicle was involved in an accident on the way to , or from the ‘job’ OR wouldn’t be liable for that.
 I would suggest if OR never actually asked this TM company to manage the traffic on your driveway , and I cannot see why they would, and the driver should not have been there , as that wasn’t part of the job for OR , then it’s unlikely that OR would be responsible for the  ‘damage’ that company caused, but the TM insurance company ( vehicle or company insurance) would be.

not sure why those pics not showing, they're all still online.

TM vehicle was on my drive having just packed up their lights from the main road. Not sure if they were doing anything more than hanging around/saying bye to his mates at that point. his traffic managing was done for the day.

Roland_Sausage

cgfw201 said:

iniltous said:

I also though I saw photo of a traffic management vehicle (TM)  being towed out , presumably that photo has since removed, where I was slightly puzzled is what was it was doing on your driveway ?, obviously if OR had TM booked on the public highway , because the works on the highway required TM to keep everyone safe ( OR employees and the public) that’s one thing, but I doubt they would pay for TM on your driveway, the traffic lights were on board the vehicle suggesting they were not in use.
Your ‘personal’ traffic would simply have to be careful as you joined or exited your driveway ,  so, for arguments sake , if this TM contractor, ( paid to do work on the highway by OR )  used your driveway as a convenience  ( to turn around for example ) and got stuck and damaged your property in the process , who is liable ?, the TM company will have insurance, if this vehicle was involved in an accident on the way to , or from the ‘job’ OR wouldn’t be liable for that.
 I would suggest if OR never actually asked this TM company to manage the traffic on your driveway , and I cannot see why they would, and the driver should not have been there , as that wasn’t part of the job for OR , then it’s unlikely that OR would be responsible for the  ‘damage’ that company caused, but the TM insurance company ( vehicle or company insurance) would be.

not sure why those pics not showing, they're all still online.

TM vehicle was on my drive having just packed up their lights from the main road. Not sure if they were doing anything more than hanging around/saying bye to his mates at that point. his traffic managing was done for the day.

So you will probably want to pursue Sunbelt Rentals or their legal representatives for it then.

As I said, it's not a rented van, they will own or lease it and the rentals in their name applies to the TM (and other) equipment that they hire out.

littleboo

As above, the claim is against the driver/employer/their insurers. I cant see the relevance of who they were subcontracted to, its a simple case of someone damaged property with a commercial vehicle.

[Deleted User]

cgfw201 said:

Deleted User said:

Why would the fact that Openreach subcontracted the install eliminate their liability? 

This is what their email says. It's the arrogance and the lack of showing any willingness to help which really grates.

British Telecommunications Plc are self-insured and DWF Law consider all claims presented by third parties resulting from road traffic accidents and property damage caused by BT Employees.  Openreach is part of BT and the driver's (employees) and vehicles are covered under this insurance policy.

The problem you are faced with is that the vehicle identified is not owned by Openreach (BT). 

I trust that this clarifies matters and recommend that you re-direct your claim to your own insurance company.

If you wish to discuss this further then please do not hesitate to contact me on my direct dial telephone number detailed below.

We shall now close our file and we are unable to assist you further.

Your contract is with the broadband provider - I'm guessing BT (British Telecommunications Plc)
Openreach limited are actually a separate company that is owned by British Telecommunications Plc