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,
Click to expand...

Any suggestions before I click send?
 
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!
 
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?
 
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.
 
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