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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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Inspector71

BT Telegraph pole in garden

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Hi All

 

My parents have a BT telegraph pole in their back garden. It was there when they bought the place in the early 80s and may have been there since the original build in the 50s. Apart from being a bit of an eyesore it hasn't caused any real problems. Now they have received a letter informing them the pole has been recorded as faulty and in an unsafe condition and will be renewed 'in or close to it's current location' within 6 weeks.

 

The unsafe condition part has me slightly puzzled. Only my parents or their neighbours can get close enough to this pole to note any deterioration and neither has contacted anyone about the pole. It appears as solid as it ever did and does not even seem to wobble in high winds. The cynic in me suspects it may have something to do with upgrading to fibre for BT infinity.

 

I'm concerned as it's difficult to see how they will achieve this without causing substantial damage. The pole sits on the boundary between my parents house and the neighbours so it will likely affect them too. I'm planning to speak to them and show them the letter as I don't want them to think that my parents have instigated this.

 

Obviously we would prefer the new pole to be sited elsewhere. I know they're not keen to move these things normally but as they've stated this one needs replaced anyway perhaps that will help. It wouldn't need to move far to be beyond the property line.

 

My parents aren't aware of a wayleave on the property. About 20 years ago they were having some work done on the house and contacted BT to remove a large bracket attached to the rear wall which they did without complaint and without attempting to charge for the work.

 

I'm planning to photograph the garden extensively to show it's condition prior to work commencing. I would be very grateful for any advice as to what our rights are. We are in Glasgow in case Scots law applys differently to situations like this.

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do they pay a site fee per year i.e. BT?


:mad2::-x:jaw::sad:

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My parents don't receive any payments.

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believe years ago there was a small remuneration from BT? wonder if others can remember


:mad2::-x:jaw::sad:

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I have THREE poles in my small garden!! One was leaning over and liable to fall, so they put another pole up (two feet away from the damaged one) and connected the wires but left the damaged pole in situ...gaaahhh!!! And no… I have never received a penny over the last 15 years...:mad2:

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I think they are supposed to pay a 'Wayleave'… but the previous landowners may have accepted a one off payment, so new owners don't get anything...

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There should be a Wayleave agreement, and you should have been receiving annual payments (a token £30 or so!). depends what is in the deeds it seems!


:mad2::-x:jaw::sad:

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If your pole serves others you are entitled to a one-off wayleave payment of £150, or if you refuse to sign a wayleave agreement, then you can ask Openreach to move their pole.

 

From Openreach's web site:

 

In cases where BT apparatus was installed in private land and no challenge was made by the landowner, at that time, as to the tenure of that apparatus and no subsequent challenge has been made up to the point of the current enquiry, the BT apparatus is deemed to be legally installed up to the point where we are advised that the land in which it is placed is private property. When we are subsequently advised of the status of the land then BT will seek to remedy the situation to ensure we comply with The Telecommunications Code, Schedule 2, Paragraph 2 of the Telecommunications Act 1984, as amended by the Communications Act 2003 (The Code) by way of applying to enter into a Wayleave agreement with the landowner. If the landowner does not wish to enter into a Wayleave agreement with BT to retain the apparatus in situ then it will be necessary to formally notice BT under Paragraph 21 of the above mentioned Code.

 

In my own case, it took 6 months to get any acknowledgement of my many attempted communications with them, so you have done well so far!

 

I eventually sent them a notice, as above, giving 28 days for the removal of their equipment and sent it recorded delivery, which brought a surveyor here within the week. We agreed a place for the pole to go, but that was in May, and so far there is still nothing in writing


:mad2::-x:jaw::sad:

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just a bit of info from another peep on another forum - out of interest!


:mad2::-x:jaw::sad:

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ah Scotland too like me eh..

 

 

I had one like that

it was an aerial survey that was done and they thenchecked the lines and found the box uptop was faulty too.

like you it was just inside my line

 

 

they moved the pole outside the line and we got a new tellingbone line out of it too.

 

 

all I did was had a word with the guy on the truck that came with the new pole.

 

 

they put it where I recommended and was happy with

all has been ok.

 

 

they need access with the flatbed truck with the hi-ab thingy on it

once they can get to it and pull it out

its a quick jobbie

 

 

hope this helps


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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There should be a Wayleave agreement, and you should have been receiving annual payments (a token £30 or so!). depends what is in the deeds it seems!

 

I wonder why it needs to be sited in a private garden. I have seen properties which have been developed in the back of what was another houses garden and a telegraph pole has been put up in a garden, but it can't be that usual. Normally there is footpath or road side verge where the poll can be sited.

 

I think i would do a quick survey of the area to see where other telegraph poles are sited and see what scope there is for the pole to be put elsewhere. Then see if you can work with BT to get the pole moved. The problem will be that it is easier for BT to replace the pole where it is, rather than go through local authority controls if they found public land to site it. I know that in my deeds it mentions utility services crossing my land and it gives permission for the utility companies to access the land to carry out any necessary works.


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I think the pole must have been placed before the surrounding houses were built. It's a mid-terrace and the land behind the back garden used to be woodland. Most of the trees have been cut down now and it can only be described as wasteland at this point. I can't see how they'll get the machinery in as there is no chance of a road going vehicle approaching the property from the rear.

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Just spoken to a friend of mine who is an OpenReach engineer

 

It is now OpenReach who pay rent to the owner of the deeds to the property if any of their equipment is on their land.

 

The same goes to mobile phone repeater stations on top of pub roofs etc

 

As stated, telegraph Poles on the highway have to go through Local Authority Planning applications as they are classed as "Street Furniture"

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I think the pole must have been placed before the surrounding houses were built. It's a mid-terrace and the land behind the back garden used to be woodland. Most of the trees have been cut down now and it can only be described as wasteland at this point. I can't see how they'll get the machinery in as there is no chance of a road going vehicle approaching the property from the rear.

 

Just make sure there are no plans to build on the wasteland. Perhaps the BT work partly relates to new buildings.


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