Issue with damage to shared alleyway by builders

[Homer67]

I'll keep this as brief as possible but I'm interested in what people think I should do, if anything.

 

I live in on an estate built in the 1930;'s of semi detached or detached properties and all have alleyways running down each end of the terrace and through to the roads behind and behind each house in the terrace.

 

Most of the alleyways have become overgrown and are unusable, the alleys are unmade roads and are privately owned with an easement of access for abutting properties, the council do not own or maintain them.

 

When I moved in I cleared the alleyway next to my house so I could have a garage built and use it, since then 2 other properties have had garages built and are using the alleyway - none of that is an issue.

 

At the other end of the terrace the homeowner who has the alley along the side of his house did the same as me but gated it off so only he has access, apparently he sent out a letters to few of his immediate neighbours saying if no one objected he would go ahead, but I never saw that letter probably because I'm at the other end.

 

2 years ago the alleyway next to my house and immediately behind it was destroyed to a mud pit by some builders running small plant (digger/dumper) up and down it while they worked on a house halfway down the road.

 

I spent nearly £3k on surfacing the alleyway alongside my house with aggregate no1 and I installed a concrete pad outside my garage door so I could get access in and out of my garage without my motorcycles getting stuck or slipping.

 

Since then builders have used the alleyway and they have always on request put boards down on the concrete and the corners so they don't damage the unmade surface.

 

Yesterday a group of builders started running a digger and a dumper up and down the alleyway so I asked them where they were working and they said "down the other end" so I suggested they use the far end entry and exit and they refused, saying it was locked so they'd have to bring everything this way.

 

I asked them to use boards to protect the concrete outside my garage and the surface and they grumbled a bit saying it wasn't my alleyway and it was up to the council, to which I told them the it was private property and the council don't own it, reluctantly they said they would put boards down.

 

They didn't and when I got home yesterday my concrete pad is damaged and the alleyway surface is damaged.

 

I approached them this morning and asked them to put boards down and very quickly they got aggressive and all 4 of the surrounded me and were shouting and calling me names making ageist comments and swearing etc.

 

I'm not a snowflake so I gave it back and then two of them threatened me and suggested we step into the road and fight so I called the Police.

 

During the call they carried on insulting me to the extent the call taker heard it and commented, they then decided to drive their plant up and down the alleyway whilst honking their horns constantly to try and stop me speaking to the Police. They put down a broken piece of board about 1 foot square on my concrete which they thought was hilarious.

Police came and agreed it was a reasonable request, spoke with them separately to me, the builders told the Police it was me who was threatening them, fortunately the Police didn't believe that, they are 4 big guys, two in their 20s and two in their 30's, I'm nearly 60 and 5 foot 7.

 

Anyway Police told them they were taking the mick with their little board so the builders put down two full size boards which the Police said was done (I hadn't seen it) and told me if I get any more grief off them to call with my CAD number.

 

So my question is do I make a claim to the building company or the neighbour for the damage to the alleyway and my concrete?

 

Claiming off the builder might be difficult as the vans are unmarked and the only thing I have to go on is a name on one of their shirts which says 'Stafford' no phone number or location though and when, during the previous shouting match, I asked for their company details the one wearing the shirt pulled it into my face and said there it is - I've searched on the internet but can't find anything relevant, so it's probably a one man band with no real company registration.

 

I haven't approached the neighbour yet (I don't even know which house it is having the work done as it's all round the back), I'm not looking forward to that but I guess it has to be done if I intend to make a claim for the damages once the work is finished.

 

Thoughts please guys?

[Ethel Street]

The builders are the neighbour's contractors so the neighbour is likely to be legally liable to you for the damage his builders caused.  But it's not always legally straightforward. 

 

At the very least the neighbour will know who the builders are.

 

If you got to the stage of starting a court action I'd name them both as defendants and let the judge decide who is liable.

[BazzaS]

9 hours ago, Ethel Street said:

I'd name them both as defendants and let the judge decide who is liable.

 

Or you get a CCJ against both, get it enforced against either (and then if it the neighbour, they have to go after the builders).
The risk there is falling out with your neighbour: how much damage (in cost of putting it back to how it was) has been done?

[stu007]

Hi

 

Ultimately as it was this neighbour that employed those builders they are responsible for the actions/damage caused by those builders they employed. (as stated you may risk a fall out with that neighbour.

 

If you decide to take the matter to Court you name that Neighbour and the Builders on Court Documents. (let them fight as to who is going to pay for your damage.)

 

 

[Homer67]

Thanks Guys, I tried to speak to the neighbour last night but there was no answer at either house which is having work done in my road so I still don't know which one it is and won't until I'm able to get down the alleyway in daylight to see where the builders are going.

 

Both neighbours are way down the other end of the road which is why they should be using the other entrance which has been blocked off by the abutting house - I have registered a planning complaint with the council for that and they are going to investigate.

 

The concrete pad I had installed outside my garage cost £800 two years ago as a cash in hand job for the builder that caused the damage to the other areas of the alleyway (he was quite reasonable about it) and the cost of £1800 was for the type 1 aggregate for him to put down which he said was labour cost free.

 

What I want is my concrete pad made good again so I guess my claim will be roughly £1000

[Homer67]

So today the builders have had a cement lorry delivering wet cement into dumpers and wheelbarrows outside my house and have further damaged the alleyway as well as dropping wet cement all over the street.

 

I have contacted the Council Environment but as always they will respond  far too late.

 

They've also removed the board the Police told them to put down (to avoid a breach of the peace) and driving the dumper over the concrete has damaged it further.

 

So it looks like I will be making a claim against the homeowner, do I send a Solicitor's letter before claim or do I just start a small claims claim?

[BazzaS]

Always send a letter before action.

if it does reach court it shows how you tried to resolve it without court.

[Homer67]

@BazzaSmany thanks, I will do that.