Electric co charge for cable damage

Electric co charge for cable damage

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Discussion

hairyben

Original Poster:

8,516 posts

182 months

Saturday 20th August 2016
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Landscape gardener mate rang me the other day - he stuck a spike in a power cable which blew up and resulted in attendance by the distributor (he was pretty lucky really)

Now they want to stick him for several grand - they will undoubtedly talk of safe digging techniques, cable detectors etc, and claim that their charge for repairing his damage to their cable is wholly justifiable.

Thing is the cable was 12" deep in a back garden (very unusual placement, normally they come from the road) It's a pretty bad job from 100 years ago to have a cable here and while no-ones without blame, they should take the hit and fix their dodgy network, rather than dream up exorbitant charges. I've told him to request the distributors own guidelines on how their cables should be buried, which of course it won't come close to, but the guy himself is a gardener and doesn't exactly talk legal jive that well. Anyone got any advice to help make them back off? He has public liability and wants to hand it to them but I'm worried they'll just pay out then hit him on renewals.

Chrisgr31

13,440 posts

254 months

Saturday 20th August 2016
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I managed to cut my next door neighbours gas supply when using a post hole digger. The gas pipe is not on my deeds and wasn't at regulation depth or protected but the gas company still said I had to pay the £650.

I spoke to my building insurance company who said as it wasn't my supply I wasn't covered. However as I have the legal cover as an extra I was covered as I had been negligent. Not only that but as it was the legal cover there is no excess and it doesn't count as a claim.

Doesnt help your friend however in future he needs to ensure his contract requires clients to identify pipes and cables in their garden, and if they have legal cover ensure they are the ones digging the holes!


ikarl

3,730 posts

198 months

Saturday 20th August 2016
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I can't help or offer advice just now, but I'll ask someone in the relevant dept. when I at work on Monday (topic bookmarked).

55palfers

5,892 posts

163 months

Saturday 20th August 2016
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Does the cable show on the electric co's safe dig plans?

Ask to see a copy, they are supposed to be available to the public

C Lee Farquar

4,066 posts

215 months

Saturday 20th August 2016
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I've dug up cables twice, both times on my land, both times told by the repair bods I'd have to pay. Both times I've told them cable shouldn't be there and I wouldn't pay and both times I didn't hear any more.

One was SWEB, one Western Power.




anonymous-user

53 months

Sunday 21st August 2016
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C Lee Farquar said:
I've dug up cables twice, both times on my land, both times told by the repair bods I'd have to pay. Both times I've told them cable shouldn't be there and I wouldn't pay and both times I didn't hear any more.

One was SWEB, one Western Power.
Acquaintance of mine did a cable whilst digging a foundation for a gatepost, Electric board were all for charging, as usual cable depth wasn't regulation, no tape etc therefore no payee this was in NW England couple of years ago in an 80'90's build house.
ALWAYS challenge before rolling over with your wallet/insurance.

Fish

3,974 posts

281 months

Sunday 21st August 2016
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First off:

THERE IS NO LEGAL DEPTHS FOR CABLES ONLY CASE LAW. There is a recommendation which is what they will spout at you.

Generally unless grandfather rights they should have an easement for there cables if not supplying your property. If you did within a known cable area they provide a free scan etc etc.

Where you hit a cable that there is no knowledge of and is not a a recommended depth it is fair to argue they pay, also might be worth getting an easement on it so everyone knows the score. This woudl effect your resale though if it restricts the rear garden for extentions etc.

That said we have taken on almost to court when they didn't have an easement as being contractors we had the should have scanned comment..

SVTRick

3,633 posts

194 months

Sunday 21st August 2016
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Service cables from main supply cable are not normally on records or stat plans.
And depth will vary.
A cable strike can result in serious injury or death.
There is the "Dial before you Dig" service however a basic cable / service locator
will help detect live cables.
I would suggest you go back to your contractor and let his Public Liability insurance deal with it.




SVTRick

3,633 posts

194 months

Sunday 21st August 2016
quotequote all
hairyben said:
Landscape gardener mate rang me the other day - he stuck a spike in a power cable which blew up and resulted in attendance by the distributor (he was pretty lucky really)

Now they want to stick him for several grand - they will undoubtedly talk of safe digging techniques, cable detectors etc, and claim that their charge for repairing his damage to their cable is wholly justifiable.

Thing is the cable was 12" deep in a back garden (very unusual placement, normally they come from the road) It's a pretty bad job from 100 years ago to have a cable here and while no-ones without blame, they should take the hit and fix their dodgy network, rather than dream up exorbitant charges. I've told him to request the distributors own guidelines on how their cables should be buried, which of course it won't come close to, but the guy himself is a gardener and doesn't exactly talk legal jive that well. Anyone got any advice to help make them back off? He has public liability and wants to hand it to them but I'm worried they'll just pay out then hit him on renewals.
Just one point why are you claiming the power company should take the hit as their Network is Dodgy, was it working without any issue before damaged by third party ?

hairyben

Original Poster:

8,516 posts

182 months

Sunday 21st August 2016
quotequote all
SVTRick said:
Just one point why are you claiming the power company should take the hit as their Network is Dodgy, was it working without any issue before damaged by third party ?
As any MOT inspector will confirm working without issue and being of a reasonable standard arent the same.

Helicopter123

8,831 posts

155 months

Sunday 21st August 2016
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Presumably your "mate" has appropriate PI cover in place?

I would be having an early discussion with them...

SVTRick

3,633 posts

194 months

Sunday 21st August 2016
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hairyben said:
As any MOT inspector will confirm working without issue and being of a reasonable standard arent the same.
Was the supply live and working - yes
Perhaps over the years some ground cover has been removed, however I suspect this is a service
cable 240v single phase feed from main cable to customer cut-out and fuse/meter.

Just as well it was not a large distribution cable otherwise you may be attending an inquest.

Cable strikes are high on the H&S inspection / investigation list and are avoidable
by taking care and basic precautions.
Like someone else has said hopefully he has full PL cover. but I would guess an excess of 1k could apply and they would want to see his method of working etc has taken the relevant precautions into account.

I do know of someone who received a severe shock from a cable which had been laid inside some blue plastic water main by previous owner to feed a large workshop - gave him a nasty supprise as digging in the rain - frown


Tom_C76

1,923 posts

187 months

Sunday 21st August 2016
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If you dig through one on your own land you may get away without paying. If he does this for a living and it was on a customer's land I'd fully expect him to have to either pay or stick it through his contractor's all-risks insurance. If he doesn't have insurance he should count himself lucky it wasn't a fibre optic BT service...

Individual property supplies aren't shown on records, old service runs may not be shown on records, and a CAT scanner isn't that expensive...