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00jona

Please help, I have recently block paved my front garden, I had dug down and removed the soil and was just breaking up bricks that I had found with a small hand held drill/ breaker when you guessed it I got a flash as the chisel went through the brick and into the ground. I dug down to find a black mains cable, this was not mine as I had already taken the time to find mine previously. it was to next doors who's power was still on. I called out western power straight away who came out and got a team out to fix the cable that night. several months later I have been hit with a £1000 bill (ouch). I wish to dispute this on the following grounds and would like to know if I am in my rights too. firstly I was shocked that the cable was only 380mm below ground level (is this ok under a lawn?) the cable had no tape above it or any kind of conduit or sheathing around it like my cable has. when they repaired it they also dug down another 8 inches or more and buried it deeper. if the level was ok in the first place my argument is why did they do this. I do have photo's with the tape clearly showing the depth from ground level. do I have any grounds to dispute this bill? surely I could have just as easily have hit this planting a shrub, also where the cable meets the kerb it was only 300mm from the surface. thanks in advance for any advice fighting the big guys. Matt
 
I would always dispute any bill issued by a DNO, they almost expect it!!

So how many months are you calling several?? Were you informed in writing that the costs of repairing this cable would be to your account at the time of repair??

A reasonable depth of unprotected DNO cable according to their own specification data is 450mm, but that cable route should still have been provided with both protective cable tiles and warning tape along it's entire route!! By the sound of it, this cable complied with none of the above, so at the very least you should be looking for a substantial reduction in their demand, and at best, have the demand retracted due to their cable laying procedure failures....

It's just a little thought, but maybe those "bricks" our OP was breaking up were in fact "protective cable tiles" ???

One man's brick is another man's tile.........
 
Would agree with Phil I know of plenty of estates close to where I live where the cables are buried at spade depth (250 - 300mm deep ) and installed long before any standard depth was probably set as Tony has said the bricks were probably the protection as back in the day the yellow danger tape was a future development. Although it is next doors cable crossing your land you will find that other services to your property may cross his.


Driverman I have only ever heard of a DNO making wayleave payments for overhead supplies where the DNO need access for the maintenance of poles and pole mounted equipment. If wayleaves and payment were needed for underground services then you could see the costs to the electric, gas, water and drainage companies increasing and the nightmare of apportioning payouts and the mountain of legal paperwork
Been the case for many years re wayleave payment for any DNO equipment that serves 3rd party. Historically though years ago non were applied for.If said cable could be removed from OP's land without effecting him, then a wayleaves is required. The OP has the right with no wayleave in place to inform the DNO notice to quit. However water pipes don't need to have wayleaves as water laid years ago and deemed to be a necessity for householders
 
Supply them with photos and other evidence suggesting they broke their own policy/rules.
Explain that you were not quoted for work and not told that it was chargeable.
No contract therefore no liability end of story.
 
It's just a little thought, but maybe those "bricks" our OP was breaking up were in fact "protective cable tiles" ???

One man's brick is another man's tile.........

no mate my front garden is all back fill, breeze blocks, bricks, old soakaway etc breaking up from allover for hardcor. deffo not protective tiles. wish I could put the photo on would make it clearer.
hanks
 
You would have had to sign a wayleave for the cable if you are the property owner. They are non transferable to subsequent owners and a new one has to be drawn up each time there is a change in land ownership. They can be terminated with 12 months notice. An easement is a different matter. They are non terminable and if you want the cable moving you would have to pay.
You can easily get the claim thrown out. All you need to do is show evidence that up to date utility plans were on site, a CAT was used and the cables were located by hand digging to prove their location.
You did follow safe digging practices didn't you ????
 
Your house was built after the instigation of widely used covenants and conditions. When we were throwing up these things,"Executive or Starter",in every town. They "Exempted" previous,longstanding rights,such as wayleave and right of access,by requiring the new,and therefore subsequent owners,to "agree" to terms and conditions. These,if you can spare the time to read, can cover EVERYTHING. I have read such conditions as,no laundry outside,no trailers,no tents,no dishes,no excavation exceeding 300mm away from boundary,shared access/storage/services/drainage etc etc. It is worth checking this,as the DNO may have knowledge of this on your estate,and if so,you will be liable. As to depth of services,including gas,they generally are what they are,and any representative from the utilities,i have ever dealt with has always said " Yeah mate,they should really be deeper than that..." :icon12:
 
The long and short of it, is that it is reasonably accepted that a homeowner has the right to use a garden spade and/or fork to tend his garden. 300mm is around the depth of a typical spade or fork. The fact that the electrical company failed to install this cable to a suitable depth without protection or a visual warning tape gives the OP reasonable grounds to dispute any costs incurred to repair said cable.

If anything the burial depth of LV service cables buried within the boundaries of residential properties should be more like 600mm similar to that recommended by the reg's etc.... And they would still need tile cable protection and a visual warning tape throughout the cables routeing!!
 
Just a thought re burying mains cable. The cable may of been installed by the use of a "mole machine" which is common practice by DNO companies. Therefore no markings, tape, brick tiles etc. I think you will find that a great deal of DNO u/g cables are not marked / identified even if hand dug. Don't forget the DNO's do not come up BS7671 regs.
 
The long and short of it, is that it is reasonably accepted that a homeowner has the right to use a garden spade and/or fork to tend his garden. 300mm is around the depth of a typical spade or fork. The fact that the electrical company failed to install this cable to a suitable depth without protection or a visual warning tape gives the OP reasonable grounds to dispute any costs incurred to repair said cable.

If anything the burial depth of LV service cables buried within the boundaries of residential properties should be more like 600mm similar to that recommended by the reg's etc.... And they would still need tile cable protection and a visual warning tape throughout the cables routeing!!

DNO at one time was.. 1 phase u/g cable 450mm to top of ducting. 3 Phase cable 600mm to top of ducting. U/G cables in any back gardens which is now frowned upon 1m deep.
 

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