Damaged Fence

[WeAreBongo]

Hi, a question about responsibility for you all. To the side of my property is a private access road for deliveries to the local Iceland store. My post and panel fence is meant to be protected from the delivery trucks by a crude steel barrier which is about 2 foot tall. At some point a delivery truck has obviously hit the barrier and pushed my fence post which has caused the whole fence to tilt into my garden by about 30 degrees. The barrier bears the scars of the impact. I complained to Iceland however they said none of their drivers have reported this incident and that it must've been caused by another firm's truck which also supplies Iceland (dairy/bakery, etc). My question is: are Iceland responsible for the damage to my fence? This happened some time last year but the fence now seems to be tilting more...Thanks.

[happyjo]

Yes, they are responsible, it was damage to their property which subsequently damaged your fence.

I would write a letter to the head office containing a statement of affairs and photographs to back up your story.

Ask them to send an independent assessor to value the damage.

Give them a reasonable amount of time to respond, then say that you will obtain legal advice if they fail to respond.

J x

[WeAreBongo]

Thanks for the advice - I will do as you say!

[WeAreBongo]

Hi Happyjo, what would you say is a 'reasonable time to respond'?

[happyjo]

21 days is more than generous... 14 if you want to be strict, 28 days, if you are in no rush.

( the longer you give them, the more time you will have to seek advice from the smalll claims courts etc)

J x