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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
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What's is the law regarding having an electrical cable

Customer Question

Hello. What's is the law regarding having an electrical cable going across a quiet public footpath within a residential area? We have used appropriate safety matting and good visible H&S specification signage to one members of the public eye of trip hazard. This cable is used to supply electricity to one of our security vehicles which is manned 24 hrs... We modified our vehicle this way in order for operatives to not cause a disturbance with turning the engine on and off. Also consideration to the environment... The local council have recently informed us that we are breaking the law. It would appear we can not win either way even though full consideration is given to local residents. Your advice is greatly appreciated. Lee
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
I apologise for the spelling mistakes, writing a message on my phone whilst on a high speed train was not a great idea. I also wasn't sure what category my question went under? I've also added some pictures which I hope will assist? Many thanks.
Customer: replied 8 months ago.
Hello ... It's been almost 24 hours and I've received no response to my questions yesterday even though I've paid the top charge for urgent & quick response!!! Would appreciate someone getting back to me today please as this is an urgent matter that I need to deal with today?Many thanks.Warm regardsLee
Customer: replied 8 months ago.
Hello.... Any update please? Many thanks
Expert:  Nicola-mod replied 8 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 8 months ago.
Hello Nicola.Thank you for your reply.I'm happy to wait, though it is a matter of some urgency as I need to reply to an email from the council.I appreciate your assistanceWarm regardsLee Horton
Expert:  Nicola-mod replied 8 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 8 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 8 months ago.
Hello NicolaThank you for your message.i can't understand why this is a difficult subject to seek answers for? I would've thought that this was a clear yes or no answer in terms of, are we or are we not breaking the law as accused by the local council? I was under the impression that if we did not use appropriate safety matting or signage then we would be committing a civil tort of negligence?I would appreciate if you continued to find an answer please as I need to sort this situation out for the sake and welfare of my staff...Many thanksWarm regardsLee
Expert:  Nicola-mod replied 8 months ago.
Hello,
We will continue to look for a Professional to assist you.
I am afraid I have not had any feedback on the question from Experts.
Thank you for your patience,
Nicola
Customer: replied 8 months ago.
Hello NicolaI'm sorry to say this but this is ridiculous.. Why does "Justanswer" pride itself on 100% customer satisfaction? Why do they ask & charge you extra if you click urgent and then do not deliver?It's now been 5 days and I'm still nowhere near to finding an answer. Instead I keep getting told the same thing. Not one of your legal experts can even point me in the right direction to get the answer I need?I've used "Justanswer" before and was really impressed with speed and advice given hence why I came back...Am I likely to get an answer or advice this week or should I look elsewhere?RegardsLee
Expert:  Nicola-mod replied 8 months ago.
Hello Lee,
I am very sorry but I can only pass on what I know from the site experts. I have sent this question to everyone several times, including yesterday, marked urgent. I understand why you are unhappy.
We do offer a full refund so you will not be out of pocket. Once again, I do apologise that you have not received the service you would expect.
Thank you,
Nicola
Customer: replied 8 months ago.
Hi NicoleThank you for your reply. Am I likely to get any advice soon or leave it and rewets a refund?Or, could you advise from where or whom I could seek advice from?Many thanksLee
Expert:  Nicola-mod replied 8 months ago.
Hello Lee,
Let's give it one more try, I have asked everyone to have a look at it once more - if it doesn't bear fruit I can process the refund then.
Thank you,
Nicola
Expert:  JGM replied 8 months ago.
Has the council said what law you are breaching. They could allege a breach of the Highways Act 1980 but you say that you are posting signs and having the cable go under matting. Here is the provision I am referring to:"Penalty for placing rope, etc. across highway.A person who for any purpose places any rope, wire or other apparatus across a highway in such a manner as to be likely to cause danger to persons using the highway is, unless he proves that he had taken all necessary means to give adequate warning of the danger, guilty of an offence and liable to a fine not exceeding level 3 on the standard scale."However, I think you should find out what regulation they say you are breaching and we can then look at it in context for you. I hope that assists meantime. Please leave a positive rating so that I am credited for my time.
Customer: replied 8 months ago.
Hello.Thank you so much for your response. No, the council have not stated which law we are breaching. The inspector just turned up, proceeded to disconnect the cable from our vehicle & informed our operative they had received a complaint and we we're breaking the law. The inspector was unwilling to elaborate or offer any advice.I have emailed them recently requesting such information, stating our case in terms to H&S precautions & supplying photographs as I have in previous email to "just answer" and to date I've received no reply.So in your expert opinion, and examing the pictures I've provided then we are not breaking the law as adequate safety matting & signage is in situ?I really appreciate your time and assistance.Warm RegardsLee
Customer: replied 8 months ago.
Thank you Nicola. I trolly do appreciate your persistence and effortsRegardsLee
Expert:  JGM replied 8 months ago.
As far as I can see from your narrative that is correct. However, different areas have different bye-laws for example and that's why I would be interested in why this council think you are breaking the law.
Customer: replied 8 months ago.
Okay, thank you... I'll chase them up though I probably won't receive an answer till after the easter break? I'll get back to you ASAP.Have a great weekendWarm regardsLee
Expert:  JGM replied 8 months ago.
You too, I will hear from you next week.
Customer: replied 8 months ago.
HelloCustomer
I hope you are wellAfter chasing them for almost 3 weeks I finally received some sort of correspondence from the council though very limited.."Dear LeeThank you for your email, We do not allow obstructions to these footpath as these usually turn into trip hazards , these cables are usually installed in a duct under the footpath to a charging point. I will gather the relevant information relating to the installation and update you.RegardsGordon Hamilton
Network Co-ordinator - Network Management TeamTelephone:(###) ###-####3404I kinda want to quote the traffic act information to them now as this sounds like a decision they've decided on without any legal backing... What are your thoughts & how should I proceed?Many thanksLee
Expert:  JGM replied 8 months ago.
The thing is you can't quote a negative to them. if there is no obstruction and they can't quote a local law to stop you then they are in some difficulty with this. all you do is say that you aren't breaking the obstruction laws in the Highways Act and you want to know what law they say you are in breach of.
Customer: replied 8 months ago.
Hello AgainThank you for your recent advice... Much appreciated.Please see recent correspondence via email. Gordon is at least replying in a timely manner...
Lee Horton
Attachments19:37 (2 hours ago)to Gordon, Highways, Terry
Dear GordonThank you for email & I appreciate your time, however, I am somewhat confused with your comment "we do not allow?" Is this your own personal opinion or that of the councils?The legal advice we have received is that we aren't breaking the obstruction laws in the Highways Act and therefore I would like to know what law we are in breach of?Again, thank you for your time & I look forward to your reply & assistance in resolving this current issue.Warm RegardsLee
Lee HortonDirectorAthena Security Solutions LtdTel: +44 (0)870(###) ###-####
Fax: +44 (0)870(###) ###-####
Mob: +44 (0)7973 341777Email:***@******.***Web: WWW.ATHENASECURITYSOLUTIONS.CO.UK"FEEL SAFE AND SECURE WITH OUR SOLUTIONS"LEGAL NOTICEUnless expressly stated otherwise, this message is confidential and may be
privileged. It is intended for the addressee(s) only. Access to this e-mail
and / or its attachments by anyone else is unauthorised. Any disclosure or
copying of the contents of this e-mail (including sender's e-mail address) or
any action taken (or not taken) in reliance on it is unauthorised and may be
unlawful.If you are not the addressee of this e-mail you may not copy, forward, disclose
or otherwise use it or any part of it in any form whatsoever. If you have
received this e-mail in error please e-mail the sender by replying to this
messageAthena Security Solutions Ltd.
Registered in England, Number :(###) ###-####
Attachments area
Preview attachment ISO-9001 Web Use.jpg
Image
ISO-9001 Web Use.jpgHamilton, Gordon
20:06 (1 hour ago)to lee, Highways, Terry
Lee
Thank you for your email , if this is a permanent feature, it should be placed in a duct under the footpath as not to cause problems to people with sight problems , or disabled residents who live in the area, I will forward you shortly Camden,s charging point information.
Regards
--
Gordon Hamilton
Network Co-ordinator - Network Management TeamTelephone:(###) ###-####3404https://i.imgsafe.org/5dd21c5.png https://i.imgsafe.org/5eda3ab.png https://i.imgsafe.org/5faa474.png https://i.imgsafe.org/a1554c7.png
From: Lee Horton [mailto***@******.***]
Sent: 06 April 2016 19:37
To: ***** *****
Cc: Highways Management; Hylton, Terry
Subject: Re: Electrical Lead, Templewood Ave Hampstead
"FEEL SAFE AND SECURE WITH OUR SOLUTIONS"LEGAL NOTICEUnless expressly stated otherwise, this message is confidential and may be
privileged. It is intended for the addressee(s) only. Access to this e-mail
and / or its attachments by anyone else is unauthorised. Any disclosure or
copying of the contents of this e-mail (including sender's e-mail address) or
any action taken (or not taken) in reliance on it is unauthorised and may be
unlawful.If you are not the addressee of this e-mail you may not copy, forward, disclose
or otherwise use it or any part of it in any form whatsoever. If you have
received this e-mail in error please e-mail the sender by replying to this
message
Athena Security Solutions Ltd.
Registered in England, Number :(###) ###-####
This e-mail may contain information which is confidential, legally privileged and/or copyright protected. This e- mail is intended for the addressee only. If you receive this in error, please contact the sender and delete the material from your computer.Lee Horton
21:45 (3 minutes ago)to Gordon
Hi GordonThank you for your quick response.I don't think you could class it as a permanent fixture as the power supply is attached to a vehicle. However, going back to my original email, the area/Vehicle is manned 24/7 and my team have been instructed and are intelligent enough to move the cable if required in such circumstances as you have pointed out and they have done so for the past 6 months..Please see original comment below:The vehicle is manned 24 hours and therefore the safety matting and signage is checked regularly by our staff. So much so that part of their duties is to take pictures (See attached) every 30 mins which are received at our control center. That's 48 checks within a 24 hour period. We take safety very seriously.I feel it's also important to point out that our operatives are trained professionals and they possess a huge amount of common sense. E.g. If they were to see a wheelchair user on route, then my officers will disconnect and move the cable for easy access. The same for anyone using a push-chair and so the list goes on. Disciplinary action would faced if any of our officers did not adopt this practice...Please believe me when I say I'm not trying to be difficult Gordon nor smart. But surely common sense can be applied here?
Customer: replied 7 months ago.
Hello again. I hope you are well?I've attempted to contact the council 3 times now requesting a reply to my previous email and so far I've heard nothing... Do you think they are stalling or am I to wait out? If so, then for how long and what action can I take next as this is causing disruption to our current operations?I'm also thinking of changing the safety matting to a more evident, robust and even safer to what we previously had in place.. Less chance of trip hazard.As always, your assistance is greatly appreciated.Many thanks. Lee
Expert:  JGM replied 7 months ago.
If they haven't served any form of statutory notice then I would proceed.

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