I don’t know whether they have offered to supply 2 fence panels to replace fence panels or they have offered a couple of fence panels and you can do what you like with them.
To be frank, with the financial wherewithal which the developer has, I think this is an insult bearing in mind that a couple of fence panels, probably costs 20 quid.
You have a claim against the developer in negligence.
It will help if I explain how claims in negligence arise.
There needs to be
1. a duty of care
2. the duty of care needs to be breached
3. as a result of the breach there needs to be loss or injury
4. the loss or injury must be as a result of the breach
5. the loss or injury resulting from the breach must be reasonably foreseeable.
In order for there to be a claim in negligence, all 5 heads have to be satisfied.
You are entitled to be put back in the position that you would have been had the negligence not occurred.
You are going to need some evidence from an expert which says exactly what happened to the hedge and you are going to need a quotation for putting a mature hedge back in and that’s not going to be cheap.
Armed with that evidence you then go back to them and tell them that they have, say, 15 working days to put the whole thing right failing which you would take them to court for the cost of the remedial work.
If the date comes and goes, you cannot beat them with sticks and your only remedy is to take them to the Small Claims Court.
https://www.moneyclaim.gov.uk/web/mcol/welcome is quick and easy. You can prepare the proceedings now, and save them online ready to issue them whenever a deadline expires.
You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.
Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.
I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.
That only applies to new threads, not this one. You have me exclusively on this one.