Legal standpoint - Hypothetically speaking...

coombsfh

Background:
Perhaps I had a friend who had solar panels fitted just before christmas. As I am sure many of you know, householders were keen to have PV panels fitted and companies fitting them were keen to fit them and possibly even overstretched. Let's say a particular company, subcontracted the scaffolding to a company (not unusual at all)....

Situation as it stands
Considering these hypothetical panels were installed before christmas and the work was paid for it would perhaps be considered odd if the scaffolding were still there, planks, hoists and all. The grass would be dying, it would be obstructing doorways and looking unsightly.

Hypothetically the usual avenues of contacting the PV company by phone, email and post have been fruitless. The more persuasive route of using a lawyer has also been hypothetically fruitless and the scaffolding still stands. What does this mean?

1) The PV company has not paid the scaffolders for their time and equipment and the scaffolders are digging their heels in "We aren't moving it till we get paid..."
2)The scaffolding was nicked in the first place and is no loss to whoever installed it.
3) ???

Proposed solution
The hypothetical friend has reached the end of his tether and wants the stuff gone. What would happen if any of the following happened?
1)Someone without a "scaffolding ticket" took it down and stored it on the premesis in the hope that the PV company or scaffolders are slow to respond?
2)That scaffolding wasn't stored but in fact scrapped for cash (scrap yards willing to accept it for £180 a ton)
3)That scaffolding was sold to a company willing to buy it (Price yet to be agreed)

This is of course hypothetical for now but any sensible advice to end this frustration would be great.

Thanks in advance,

Fred.

PS does anyone know how to make a squat rack out of scaffolding?

cornerblock

Do you know who the scaffold firm are? If so, contact them and ask them to come and take away their scaffolding.
All hypothetically of course!

themekon

Considering the amount of metal thieving going on at the moment it wouldn't surprise me at all if a hypothetical bunch of thieving barstewards had it away during the night. Nobody ever sees anything any way.

coombsfh

We had hypothetically considered the results of a large scale metal piking operation but it is 2 stories high around the gable end of a large property... Also, hypothetical thieves would have to give a regplate and address at a scrapyard...

As for contacting the scaff firm the only avenue is via the PV company / a lawyer, both of which are fruitless and increasingly expensive....

nevman

Give the company seven days to remove it from your land as a civil trespass-then offer it to a rival firm on a collect basis for free.I`m not a lawyer but it sounds good to me.That will be 21 guineas please.

cornerblock

Hypothetically couldn't another scaffold firm be contacted with the offer of striking the scaffolding for nothing but get to keep it. Then if the real firm do turn up one day, they can be told that a couple of their guys turned up and took it away already.

Kendal Black Drop

I know plenty of cavers who would be pleased to lay their hands on some free scaffolding to shore up their underground 'digs' and would probably come and remove it for free. Tell the solar panel people that if they don't come and collect 'their' scaffolding soon it won't be there when they do. If the actual scaffolders haven't left contact details in case of emergencies then they can't be very reputable.

...Or put the whole lot on ebay and say 'buyer collects and dismantles'.

capt_slog

I don't know what the law is regarding the "scaffolding ticket", but I'm guessing that it will become a problem if it all starts to wrong during the dismantle and someone gets hurt or property gets damaged.

Tell the companies involved that you want the scaffolding down by a certain date, explaining that if they don't remove you will have it removed and charge them for the removal and storage. Get a quote from some scaffolders, I doubt it's going to be more than it would cost to fill your car with fuel.

When this time period ends, get your scaffold company to take it down and store it on your property, get a receipt for the work.

Write to the company sending them a copy of the receipt/bill.

When they don't pay, threaten to take them to County Court.

If you sell the scaffold by any means (as scrap, payment etc.), you will be charged with theft.

bigmat

Tell your lawyer to pull his finger out and do what he's paid for!

MattC59

You have a contract with the PV company, the PV company have a contract with the scaffolders. I'm assuming that you didn't arrange the scaffolders yourself ?

The payment of the scaffolders is nothing to do with you, get in touch with them and tell them that unless they come and remove it, you will have it removed and scrapped and that they will be invoiced for all costs. If you do this through your solicitor, with an official 7 day letter, then you should be covered regarding the potential of being accused of theft. (I'm sure someone will confirm this ?).

timmyturbo

I have friends who work in scaffolding , quite often the company has more scaffold than they can store at their depot , they only really like to take it down if its going up somewhere else , not all companies but some . cheers

timmyturbo

coombsfh wrote:

We had hypothetically considered the results of a large scale metal piking operation but it is 2 stories high around the gable end of a large property... Also, hypothetical thieves would have to give a regplate and address at a scrapyard...

As for contacting the scaff firm the only avenue is via the PV company / a lawyer, both of which are fruitless and increasingly expensive....

Spend £120 at county court and file a claim for your legal fees , time , and the £120 filing fee . You will get quick results this way . Very easy to do this ( as in you do not need a solicitor to do it )

nevman

Isn`t free legal advice off the internet great.We should do more of this.Hypothetically.