UK power network taking me to small claims court.

[yahoozee147]

UKPN is making a clam against me at the small claim court. 5yrs 10months ago, I came back from work to find out that there was not electricity at my house. My house mate said he was putting up a fence in the front garden of the house when there was a power cut. picked up the phone and called UK power networks that evening to tell them that we have had a power cut. They sent electrician who came that night and fixed it. The stated that there was a live cable at the front garden and that it was damage because it wasn't low enough in the ground.

A letter came through the post stating that they will shortly be forwarding the invoice for the damages to the cable to me and that if i had insurance I might need to inform them. I then sent an email to UK Power network stating and this was what i said in the email. (Am writing to let you know that the invoice needs to be directed or sent to Wealden district council Hailsham, reason being is that we were given written permission stating that we are able to put up any fencing that was within our boundary, however we were not warned about any electrical cables nor were we told to check for them. So at no point were we aware that we would cause any damage to electrical cables building a fence, that we have written permission for.)




I then got a response back from UK power networks on 24/10/2013 stating this: Further to your email dated 12th August 2013 and we note your comments. We have written to Wealden district council and have received no response. However, it is our policy to send the invoice to the party that damaged the cable directly and therefore we hold you vicariously liable and we will forward our invoice to you shortly. Should you still feel the council have been negligent in the information they provided you, then again, our policy is for you to take up the matter directly to them.




Since the last email i have had no communication with UK power network because i realised they were trying to hold me liable due to the fact that I called up to report a power cut which I did not cause.




I moved away from the property which the damage occurred in 2014 to where i live now. On the 4th of april 2019 which will make this matter over 5yrs and almost 6years now. I received a small claims court letter stating that a claim has been flied against me in court for the cost of repairs to a low voltage underground cable owned by the claimant at the address i was living at the time. Please find attachment of the country court claim form and reasons for the claim.

The only reason they are holding me liable is because I informed them that there was a power cut but I did not actually do any damage and I was only not there when my house mate was building the fence and my wife at the time can be a witness to this matter that I was not at home when the power cut occurred or when he was building the fence which they claimed might have caused the damage to the cable.




I have been giving until 16/04/2019 to respond to the small claims court.

I intend to defend the claim. But i need advice on how to write my defence and ask for court to struck off the case. And i have been trying to acknowledge the claims form but is it normal that you might be able to do this online?
Anyone experienced anything like this before. Please advise.

[MIKE770]

Check dates

Acknowledge Claim

(Defend all tick)

Guides and Letters

[MIKE770]

Amethyst

[yahoozee147]

Check dates

Acknowledge Claim

(Defend all tick)

Guides and Letters

Thanks. If you have idea on how I can write good defence statement please share with me.

[des8]

If you want help writing the defence you'll need to post up the wording of the Particulars of Claim

[yahoozee147]

If you want help writing the defence you'll need to post up the wording of the Particulars of Claim

Particulars of claim:

Damages for costs of repairs to a low voltage underground cable owned by the claimant at or in the Vicinity of xxxx road. The cable was damage when pierced on or around 29-07-2013. The damage occurred by reason of the negligence of the defendant, including a failure to comply with HS(G)47.

Invoice was raised in respect of repair costs on the 10-12-2013 in the sum of some of over £1500. The defendant has failed to pay the said invoice or deal with the claim in accordance with the pre action protocol.

The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from December 2013 to April 2019 on the invoice and also interest at the same rate up to date of judgment or earlier payment at a daily rate of £0.38.

[R0b]

First of all, the fact that you were given permission by the council wouldn't absolve you of any liability for negligence. The onus is on you to check and make sure that what you are doing is safe to do so, pleading ignorance is not a defence in law.

That said, if you didn't put up the fence and it was your housemate, then that is your defence as I see it. You were at work and I assume you can back that up with evidence, and that's all you would need to prove. I don't think you can be responsible simply for seeking permission from the council, rather it ought to be your housemate that they should be claiming against. Unfortunately, you didn't do yourself any favours by referring to "we" in your correspondence with UK Power Network.

The particulars of claim specifically states that you caused the damage, so this should be a straightforward defence; it wasn't you.

[des8]

They also claim you owned the cable.
Were you the owner or was the property being rented?

[efpom]

It's a claim in negligence. It follows that the "invoice" is not an invoice at all - the most it can be is compensation for the damage. Was VAT included on the invoice?

[yahoozee147]

No I did not own the cable. They stated that they ownend the cable at my vicinity. And I was renting at the time. To be honest I never saw any invoice whatsoever. I must have moved away from the property when they sent invoices. And I think you are right they are claiming for damages and repair cost. The question here is can they pin liability on me because I responded to the first lett emailing telling them to direct the invoice to the council. And because I called them out to tell them that have had a power cut? Or would they need to prove that I damage the cable myself when we get to court? Thank you people.

[efpom]

Proposed defence.

This is a claim in negligence.
I deny the whole of the claim.
The claimant has said "we hold you vicariously liable"
My only involvement with this matter is that I reported to the claimant the fact that there was no electricity supply at the service address –(give address), and subsequently advised it to contact Wheldon D.C. the owner? of the property (give owner? name and address)
The claimant is set to his strict proof that:
I am the person vicariously liable for the damage allegedly caused.
The quantum of damage claimed
That the amount claimed does not include any element of profit.
That the interest claimed is allowed to be claimed as a matter of law.
(on this last - interest is not claimable, if the claim is allocated to the small claims track, and the amount claimed is less than £5,000)

[des8]

1.	The Defendant denies that he is liable to the Claimant either as alleged in the Particulars of Claim or at all. Save where otherwise admitted, each and every allegation in the Particulars of Claim is denied.

2. The Defendant has no knowledge regarding the ownership of the low voltage underground cable
3. The Defendant admits that the cable was damaged on or about 29.07.2013
4.The Defendant denies he damaged the cable or was negligent or failed to comply with HS(G)47 which gives guidance only
5. the Defendant did not receive an invoice for the repair works
6. It is denied that the claimant is entitled to the amount claimed or any interest on such amounts from the defendant
Statement of truth
signed and dated


Copy of HS(G)47 http://www.hse.gov.uk/pubns/priced/hsg47.pdf

[yahoozee147]

Proposed defence.

This is a claim in negligence.
I deny the whole of the claim.
The claimant has said "we hold you vicariously liable"
My only involvement with this matter is that I reported to the claimant the fact that there was no electricity supply at the service address –(give address), and subsequently advised it to contact Wheldon D.C. the owner? of the property (give owner? name and address)
The claimant is set to his strict proof that:
I am the person vicariously liable for the damage allegedly caused.
The quantum of damage claimed
That the amount claimed does not include any element of profit.
That the interest claimed is allowed to be claimed as a matter of law.
(on this last - interest is not claimable, if the claim is allocated to the small claims track, and the amount claimed is less than £5,000)

Oh i did not know they cannot claim interest if its less than £5,000. Well the initial invoice was apparently £1,725 which has now gone up to £2,448 with interest. And £0.38 everyday. Yea Wealden D. C were the owner of the property.

[R0b]

I think you need to add to the fact that you were working on the day in question and set out the hours you work there, and what time you arrived home at which point you became aware of no electricity supply. For that reason, you could not have caused the damage as alleged and therefore they are put to proof.

I dont think you need to mention vicarious liability, they are claiming negligence by you and so I don't see any need to bring that into the mix. Stick to the word negligence only. You can't claim something not pleaded.

p.s. they can claim interest, sorry efpom, please let me know the legislation or provision that says you can't claim interest because its under 5k.

[efpom]

The claimant is attempting to claim Statutory Interest which is the interest you can charge if another business is late paying for goods or a service is 'statutory interest' - this is 8% plus the Bank of England base rate for business to business transactions - Such a claim for interest is for 'Pre-Judgment Interest' -Late Payment of Commercial Debts (Interest) Act 1998 as distinct as from ‘Post-Judgment Interest’, which the claimant can claim on the judgment sum if that is not satisfied within the time prescribed in the order.

But this is a claim in negligence as opposed to a claim for liability under contract, and even if it was a contract claim it would not be a business to business contract.

See Carrasco v Johnson [2018] EWCA Civ 87 at 17 - Interest is awarded to compensate claimants for being kept out of money which ought to have been paid to them rather than as compensation for damage done

See for no interest on judgment of less than £5,000 - County Courts (Interest on Judgment Debts) Order 1991 at 2 “relevant judgment”

ps As I mentioned earlier, "It's a claim in negligence. It follows that the "invoice" is not an invoice at all - the most it can be is compensation for the damage."