Father being charged for damage to a gas pipe

bazzabear

bazzabear

bazzabear

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In October my dad called me for help because he'd just damaged a gas pipe while digging in his garden. Called the hotline, they sent someone out - who happened to mention it wasn't his pipe, it was the neighbours - and all sorted. But today he's had a £600 charge for the repair in the post.
The letter is interesting. It gives 3 criteria which allow them to charge people for damage, and - because it's not his pipe - I don't think any of them actually apply, unless they can specifically claim he was negligent. Now their letter has FAQs about how there's no minimum depth for the pipe, and there doesn't have to be anything to identify the presence of one. Which is all well and good. But that's not the same as saying it is automatically negligent if you hit one, even though there's no way of knowing it's there.

I have written this letter. Do you think it's reasonable?

I am writing on behalf of my father, who has been sent an invoice for damage caused to a gas pipe. Notably - this gas pipe was the supply to his neighbour, not to his own property.

I note in the terms you describe in your letter that there are 3 criteria which allow you to recover costs from the person who damaged your pipes.
The "New Roads and Street Works Act 1991" does not apply.
The "Gas Act 1986" also does not apply in this case, since it specifically relates to repair work to "a service pipe to your property" and the damage is not to a service pipe to his property.
This leaves "Negligence". I recognise that your letter points out that you have no obligation with regards to the depth of the pipes, nor to any labeling of them to help avoid accidental damage. While accepting that this is the case, I would also point out that digging less than 6 inches down, in ground which has no indication that it contains any services, cannot possibly be considered negligent.

As such, I do not believe that any criteria is met which allows you to charge my father for these repairs.

Can I ask therefore that these charges be cancelled, and could you confirm this back to me by email so I can inform him?

Kind regards,
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Any suggestions before I click send?
 
They will probably say he could have paid to get a plan of all the service pipes crossing his property. Which costs a fortune, and is not reasonable.

But they will probably argue that digging without acquiring such documents is negligence (devil's advocate here).
 
Yeah, that was the only thing I could think of too. Seems unreasonable, but if they push it I can't see us taking them to court to prove it either way!
 
I don't know, but if your Father is not being supplied gas via said pipes then once this is sorted I'd write to the gas company and ask them to come and remove the gas pipes from his property.
 
Really? I hadn't even considered it a point of contention. You've surely got to accept that services are possibly going to run across your property?
 
bazzabear said:
Really? I hadn't even considered it a point of contention. You've surely got to accept that services are possibly going to run across your property?
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I have no idea here, but surely there is some law that states how 'deep' you own property to?
 
Begbie said:
I have no idea here, but surely there is some law that states how 'deep' you own property to?
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Can't remember, but I do remember that if anything tasty (read valuable :p) is found under your property, it is the property of the crown and not the home owner :)
 
bazzabear said:
Any suggestions before I click send?
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Yes. Get proper legal advice from a property specialist.

Generally speaking, though - The property owner is responsible for all assets within their curtilage, even if the asset does not serve their property. This is why people have home insurance, and why any contractors that you hire to do stuff on your property also have insurance against any damage they do (and they are expected to find out where services run).
If you don't have home insurance, you will have to pay out of your own pocket, but speak to the utilities company and see if you can negotiate that down.

arknor said:
I'd smash it again then refuse to allow them access to repair it regardless of what the law says :D
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That would just result in the Police intervening and restraining any obstructors.
We've had to do that on several occasions.
 
If you're going to fight them then I would imagine it depends largely on what your dad was doing to damage the pipe, if he was just doing a bit of basic gardening he will probably stand a much better chance of getting off than if he was digging a hole for a fence post or something.
 
Just out of interest @bazzabear, did your dad sign any paperwork at the time, acknowledging that he was responsible for the damage caused, and that he would be liable for all costs incurred to repair the damage?

I'd be very tempted to write back stating that your dad has no recollection of accepting liability for any damage to pipework in his garden, nor for any incurred costs relating to the repair of damaged pipework in his garden. To progress with their request, you will require proof by post of this, in which you can pass on to your solicitor for further review.

The above is of course is potentially null and void, if as mentioned above, he's responsible for the damage regardless, due to the fact the damage occurred within his boundary lines.
 
Why is it so different from water, where if it's not yours or is shared it's the water companies problem.
And I thought there was a minimum depth much like water.
 
https://www.hse.gov.uk/pipelines/faqs.htm#:~:text=A gas main should normally,mm in footpaths and highways.

HSE expects mains and services to be laid at the depths specified in these publications unless other effective precautions are taken to minimise the risk of third party damage.

  • A gas main should normally be laid with a minimum depth of cover of 750 mm in a road or verge and 600 mm in a footpath.
  • A gas service pipe should normally be laid with a minimum depth of cover of 375 mm in private ground and 450 mm in footpaths and highways.
However, these depths are only a guide and should not be relied on when carrying out work near gas services or mains. For example, road levelling, landscaping and other changes to ground conditions after a gas main or service has been laid (often decades before) can result in the depth of the ground cover changing over time. Also, gas pipes may have projections coming from them, such as valves, which are not shown on plans and may have less depth of cover than the pipe.
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If the pipe was so close to the surface i'd expect it to have been marked with tape, 4" is totally and utterly taking the P.
 
I'm not aware he signed anything at the time. I'll check with him tomorrow.

To be honest, if they don't back down pretty much immediately, he'll probably just pay it. I don't think there's much mileage in talking to solicitors and the like and potentially costing himself far more.
 
Firestar_3x said:
https://www.hse.gov.uk/pipelines/faqs.htm#:~:text=A gas main should normally,mm in footpaths and highways.

If the pipe was so close to the surface I'd expect it to have been marked with tape, 4" is totally and utterly taking the P.
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What sort of depth was it? was it marked? Anything massively outside of the guidelines should be his get out clause from the damage, if he's taken the reasonable precautions to avoid his own pipe then surely hitting an unexpected/unmarked pipe should be the transport companies responsibility.
 
Is there a wayleave agreement in place for the gas pipes in the garden? If not I'd tell them to remove them if they have nothing to do with your supply.

Also I wouldn't pay it. Nothing will come of it they'll just give up trying to collect the invoice in the end.
 
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