I don't think so.
I doubt the HSE would be involved either as normally we don't report these incidents to them (unless we have a lot caused by the same folk).
My reference to court was a civil court where NIE would take the OP if he doesn't pay up.
Look. The way it stands is the pole and cables have to be removed from the property.
The farmer will doing some more building anyway so it has to go.
He won't be too sympathetic with them I can assure you.
If when you'd arrived you'd found that someone had parked a car near the entrance to the farm, causing an obstruction, do you think it would have been OK for you to just smash it out of the way with your digger?
Nie will have to move them now which will cost them several thousand.
This has opened up a can of worms and nie will be the ultimate losers.
Whether the farmer is justified in having the pole and cables removed, and whether he prevails, is not relevant to the fact that through your carelessness you damaged the cables. No matter how inappropriate their location, you knew they were there.
Look. The way it stands is the pole and cables have to be removed from the property.
The farmer will doing some more building anyway so it has to go.
He won't be too sympathetic with them I can assure you.
Whether the farmer is justified in having the pole and cables removed, and whether he prevails, is not relevant to the fact that through your carelessness you damaged the cables. No matter how inappropriate their location, you knew they were there
What wrong with you? Why do I have to keep repeating this?
I was on another part of the site when the accident happened. I'm a navvy. Bossmans brother. Geddit yet?
Two banks men failed to warn the driver. Geddit it yet?
If something befalls my brother then I class that as "we" even though I had sweet fa to do with the accident.
Because a wall had collapsed which left the farmer unable to feed his dairy cows. We moved in straight away and no questions asked as the cows are given priority.
So waiting on nie to sort cables out was not an option.
We should have tore them down at the beginning as it would have caused us less hassle.
They are situated in a hazardous location on private property.
We'll win this I can assure you.
No doubt the property owner is aware, he or a previous owner almost certainly gave permission for the line to be installed and may receive a payment for the way leave.
I think a court might see otherwise as you clearly knew they were there.
Had there been an injury or death as a result of the incodent then the person responsible for site safety could have been facing a serious criminal charge
Norcon appears to care deeply that people should agree that it was all the DNOs fault and that nobody in his team was in any way to blame for them smacking the cables with the digger they were in charge of.
Not sure why - if it goes to court I don't think that "I've asked on an internet forum and people there agree with me" is going to do any more good than "We should have tore them down at the beginning as it would have caused us less hassle".
Cant comment on the suitability of the intiall installation, but £2700 doesnt seem a lot for the replacement cost.
My girlfriends parents have requested a cable that hangs low over some of their barns to be moved, on and off, for about the last 15 years. However as of the end of last year, two new posts have been put in either side of the farm buildings, and a below ground cable put into a trench around the farm, at the cost of the elec board.
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