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      02-18-2008, 11:31 AM   #1
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Angry Hedge Cutting

just realised this should be in the 'off topic forum' ... sorry

can anyone help me out on this one ? this is the situation ...

I was driving down one of the roads i use on a regular basis today ( a single track country road ) and there were 2 tractors with hedge cutters trimming, well more like 'slashing' the hedges. There were cuttings all over the road , and i mean large pointy sharp sticks not small leaves !! The road was literally covered for a good 1/2 mile stretch. So anyway i got out of my car and went over to the first tractor and asked politely if there was anyway of clearing the stuf off the road because it was really bad, the bloke gets aggressive with me straight away saying ''for f@%ks sake we are the only contractor who has a brush on our tractors and anyway im only doing my job , this is the second time you have been down here today ( the main way to my house by the way ) you could of gone another way ( yeah i could of but it was another 4 miles round ) now i think you better go away and leave us alone'' ... so basically not wanting any confrontation i get back in my car and continue up the road slowly worrying about my expensive 255/25 tyres !

So what if i have a wrecked tyre , surely someone is liable ?! council ? the contractors ? who , where should i start if i need to ? Or am i complaining too much and should i shut up and accept it ? I really think they should of closed the road with the state it was in. What would of happened if a sportsbike had been going down there, ouch !

Oh and i did take a photo on my phone, just in case.

thanks.
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Last edited by CD; 02-18-2008 at 11:32 AM. Reason: wrong forum .. ooops
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      02-18-2008, 11:38 AM   #2
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      02-18-2008, 11:40 AM   #3
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In theory the contractor should be liable if he left debris in such a manner and for such a length of time that it would have been obvious to a reasonable person that damage to third parties could occur.

No matter what activity is being carried out, he has Health & Safety duties to the public.

If you had got a pucnture because of it, getting re-dress from the contractor would have been a long long drawn out affair. Remember that his insurance excess will be way more than your puncture so it has to come out of his pocket directly. The bigger and the more formal the company, the longer it would take you. It's nearly not worth it and that's their entire strategy.
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      02-18-2008, 12:41 PM   #4
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Quote:
Originally Posted by CD View Post
just realised this should be in the 'off topic forum' ... sorry

can anyone help me out on this one ? this is the situation ...

I was driving down one of the roads i use on a regular basis today ( a single track country road ) and there were 2 tractors with hedge cutters trimming, well more like 'slashing' the hedges. There were cuttings all over the road , and i mean large pointy sharp sticks not small leaves !! The road was literally covered for a good 1/2 mile stretch. So anyway i got out of my car and went over to the first tractor and asked politely if there was anyway of clearing the stuf off the road because it was really bad, the bloke gets aggressive with me straight away saying ''for f@%ks sake we are the only contractor who has a brush on our tractors and anyway im only doing my job , this is the second time you have been down here today ( the main way to my house by the way ) you could of gone another way ( yeah i could of but it was another 4 miles round ) now i think you better go away and leave us alone'' ... so basically not wanting any confrontation i get back in my car and continue up the road slowly worrying about my expensive 255/25 tyres !

So what if i have a wrecked tyre , surely someone is liable ?! council ? the contractors ? who , where should i start if i need to ? Or am i complaining too much and should i shut up and accept it ? I really think they should of closed the road with the state it was in. What would of happened if a sportsbike had been going down there, ouch !

Oh and i did take a photo on my phone, just in case.

thanks.
The road is almost certainly a public highway, which is controlled and managed by your local authorities highways team.

You should complain to them in the first instance.
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      02-18-2008, 01:13 PM   #5
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Local Government/council Highways would be responsible for the road. Since you advised the contractor that there was a risk, negligence cannot now be claimed as a defence. The Contractor was working "For and On Behalf of" the local council and therefore had assumed the responsibility of the council's agent.

If you have sustained any damage, simply contact the council highways department and advise them. It wouldn't hurt to let them know how the contractor responded to you either.
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      02-18-2008, 02:16 PM   #6
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Did you get the name of the Contractor?

If so claim against them here: www.moneyclaim.gov.uk/

I've claimed from a company before and it really does work. If the defendant does not respond within 30 days of your claim the Court will judge in your favour and instruct the defendant to pay you within 30 days. If they fail to pay they send the baillifs in, which happened in my case and I got my claim paid - no questions asked!
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      02-18-2008, 02:20 PM   #7
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Quote:
Originally Posted by beauforty View Post
Did you get the name of the Contractor?

If so claim against them here: www.moneyclaim.gov.uk/

I've claimed from a company before and it really does work. If the defendant does not respond within 30 days of your claim the Court will judge in your favour and instruct the defendant to pay you within 30 days. If they fail to pay they send the baillifs in, which happened in my case and I got my claim paid - no questions asked!
I think thats the "small claims" procedure Booforty?
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      02-18-2008, 02:42 PM   #8
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thanks for all the advice

ive kept a eye on my tyres the last few hours , they seem ok fingers crossed. would rather not have the hassle, but i may put in a email with a few choice words regarding the attitude and neglegnce of the contractors to the council.

another question please
i have changed my tyres to non-runflats , i assume the tyre low pressure warning will still work ?!

thanks
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      02-18-2008, 03:32 PM   #9
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Quote:
Originally Posted by beauforty View Post
Did you get the name of the Contractor?

If so claim against them here: www.moneyclaim.gov.uk/

I've claimed from a company before and it really does work. If the defendant does not respond within 30 days of your claim the Court will judge in your favour and instruct the defendant to pay you within 30 days. If they fail to pay they send the baillifs in, which happened in my case and I got my claim paid - no questions asked!
You're off Sergei's Christmas card list too, Paul.

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      02-18-2008, 05:43 PM   #10
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Quote:
Originally Posted by CD View Post
thanks for all the advice

ive kept a eye on my tyres the last few hours , they seem ok fingers crossed. would rather not have the hassle, but i may put in a email with a few choice words regarding the attitude and neglegnce of the contractors to the council.

another question please
i have changed my tyres to non-runflats , i assume the tyre low pressure warning will still work ?!

thanks
The pressure warning system will continue to work as long as it has been reset with the correct pressures. The systems works by detecting a change in wheel rotation speed relative to the other wheels (assuming ideal traction on other wheels). We arent too far away i think from seeing a iDrive integrated pressure monitoring system where individual wheel pressures can be monitored accurately.
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      02-19-2008, 09:27 AM   #11
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Quote:
Originally Posted by beauforty View Post
Did you get the name of the Contractor?

If so claim against them here: www.moneyclaim.gov.uk/

I've claimed from a company before and it really does work. If the defendant does not respond within 30 days of your claim the Court will judge in your favour and instruct the defendant to pay you within 30 days. If they fail to pay they send the baillifs in, which happened in my case and I got my claim paid - no questions asked!
Most large companies struggle to deal with county court claims. So, although I would not recommend that anyone become a 'vexatious litigant' if you have a genuine claim county court action can often be successful.

I have dealt with a scenario recently where a gentleman has suggested that my employer is liable for several hundred pounds of damages to his car caused through the actions of one of our contractors in a way similar to that described in the opening post.

We are not liable, but our company secretary advised me to pay the guy off if he did take action simply to avoid petty timeconsuming litigation.
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      02-19-2008, 10:52 AM   #12
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All pretty good advice methinks. Still think in event of a problem the council/highways agency should be the first port of call. They 'own' the highway and are responsible to you, its user, for its upkeep. Who they employ is not your problem - my advice would be to deal with them direct and do not accept any runarounds.
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      02-19-2008, 11:13 AM   #13
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Chris, the buggers were out doing this the other day, fortunately I managed to get around the debris.

I agree with what some of the guys have said, it's highways/council is your first port of call. Defo. worth reporting in the first instance anyhow to keep the council appraised of how their contractors conduct themselves! Farmers are legally obiliged to keep the public roads clear of shite and are regularly forced to do so.
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      02-19-2008, 12:28 PM   #14
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Methinks after the rudeness of the chap after your polite enquiry,i would have just walked away..................picked up one of the larger said branches and stuck it up his arse
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      02-19-2008, 03:05 PM   #15
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Quote:
Originally Posted by squeezebm View Post
...............picked up one of the larger said branches and stuck it up his arse
... that might of even cheered him up a bit
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      02-19-2008, 03:08 PM   #16
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Quote:
Originally Posted by beemerbird View Post
Farmers are legally obiliged to keep the public roads clear of shite and are regularly forced to do so.
strange you should say that ... i am allways complaining about the mud, chalk, and more worryingly flint that the farmers round here ( mainly small rural single track roads ) drag out of their fields onto the road, BUT tonight i saw 3 of them cleaning their crap off the road , never seen that before well done chaps! now show those hedge cutting chapies how to do it
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      02-19-2008, 03:19 PM   #17
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Hedge Cutting,

isn't that a euphamism for something?
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      02-19-2008, 05:16 PM   #18
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I took all steps I could myself to get my money back directly from the company in question and failed. I took legal advice, the solicitor said it would be expensive but more efficient and cost effective to use moneyclaim. I gave it ago and after 9 months, got my money back.

It was a step of last resort and it worked.
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