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Move a Virgin Media green street cabinet

2001chavezl
Tuning in

We have a Virgin Media street cabinet directly in front of our drive which we need moving as it is partially blocking access to our driveway (by almost a metre). Please see pictures.

Aside from it continuing to make it really difficult for us to get our vehicles on and off our drive, there’s been several near misses by us and visitors as the cabinets are not very high and difficult to see when attempting to reverse while also trying to avoid other vehicles already on the drive.

I should mention that a pub used to stand where our house now is and the box was there prior to the house being built. The driveway was built with the house and no alterations have been made to the driveway. The pub was demolished and 4 semis were built in its place. Strangely, the cabinet was never relocated when the houses were built even though it was partially blocking access to one of the properties and the new layout/change to residential use.

If the box was relocated only a couple of feet to the right, we would have full access to our drive and the neighbours would be unaffected by this as the box would sit directly in front of their brick wall as the entrance to their drive is on the other side. It is a safety hazard due to its current location and it is only a matter of time before someone does drive into it and causes damage to not just the box and everything housed inside but also their vehicle.

Please can someone get back to me on this. Many thanks

38 REPLIES 38

japitts
Very Insightful Person
Very Insightful Person

@Tudor wrote:

Viewing the picture supplied by Nodrogd I can see there is a bus stop immediately outside your house and NO dropped kerb.


@nodrogdhas, I think, posted a picture of another example - to illustrate the point of a cabinet being legally sited before development works change its situation. There has been a previous case on here where a local "rag" style newspaper reported a householder's complaints over the VM telecoms cab blocking their paved garden (I use the phrase instead of "driveway" intentionally).

It didn't take much research into historic Google Street View displays to show then, that the cab was installed when a substantial hedgeline separated the pavement from the garden. Over time, the garden became paved over and the hedgeline removed, to leave the telecoms cab in situ. By the logic of the H&S theory above, I wouldn't be surprised if that were also VM's fault!

But yes, I'm fairly sure you're right about driving over a raised kerb. Part of the dropped-kerb is to create the legal right of vehicle passage.

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Cardiffman282
Super solver

Purely for purposes of expanding on this lively thread (I duck out of taking any view on the specifics) I did come across the following older thread regarding privately commissioning VM to move cabinets (which I understand the OP has no wish to do - again this is just for information purposes) which makes reference to lots of very obscure VM teams and contact details that I have never come across before https://community.virginmedia.com/t5/Forum-Archive/Move-a-Virgin-Street-Cabinet/td-p/5180344

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nodrogd
Very Insightful Person
Very Insightful Person

@Tudor wrote:

Viewing the picture supplied by Nodrogd I can see there is a bus stop immediately outside your house and NO dropped kerb. I believe it’s illegal to drive over a pavement to your home without a dropped kerb in place. It’s much more of a H&S issue of people driving over the pavement that the location of the VM box. I’m sure the local council will assist if there really is a problem. It’s nothing to do with VM.


Not my house (or my road), but a common example near my location of how occupiers put parking in without the proper access. This is actually an out of date photo as the cabinet doors became damaged a while ago & the new cabinet that replaced it is double the size.

VM 350BB 2xV6 & Landline. Freeview/Freesat HD, ASDA/Tesco PAYG Mobile. Cable customer since 1993

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Let’s stick to the facts. Yes the cabinet was legally sited before development works changed its situation. However, when the house was built together with the driveway, the kerb was also dropped to create a LEGAL right of vehicle passage. Yet the cabinet was not moved. This is a fact.

 
“The onus is…arguably on you, as you insist on trying to use it as a driveway”. How utterly ridiculous and unreasonable. The driveway is original and shown on the house deeds. It is being used exactly as it was intended and registered with the property. As for your hypothetical “scenario”, again, we’re not working on “theories” here so let’s stick to the facts shall we. The law doesn’t care about hypothetical scenarios.
 
“1. Did you not notice this when purchasing the property? It does seem fairly obvious - and 2. how wide is your unobstructed drive anyway? 3. Do you seriously need that extra metre?”.
 
1. Yes. Doesn’t change the fact that several people (who don’t reside at the property) since we moved in have had near misses nor does it diminish VM of responsibility now that development work has changed its situation. I am reporting it as the owner of the property however, it could have just as easily been reported by the bloody postman for example. It’s totally irrelevant!
 
2. Again, irrelevant (and presumptuous) how wide the unobstructed driveway is however, we have a transit van as well as 3 other cars we keep on the driveway if you just know. However, the point remains the obstruction poses a potential safety risk. The courts won’t care about the length of the “unobstructed” part of driveway if someone crashes into the cabinet. So not sure where you are going with this…
 
3. Yet again, very presumptuous and not a question that would stand in a court of law if someone did have an accident. That whole metre could make a huge difference, we are not talking about a few centimetres. If it was, I wouldn’t be wasting my time reporting it in the first place because I can assure you I have better things to do.
 
As for your comment about who would compensate people that lose access to wifi, phone etc, I suppose it is people like you that would have something to say about your internet being cut off and not be able to watch dancing on ice because someone has crashed into a box that is obstructing a driveway with a dropped kerb instead of being concerned about whether that person was injured.
 
Realistically VM aren’t going to move it ands will be unimpressed by any future ‘claims’ should you forget it’s there and run into it, they might move it but will be looking at you to to pay for it”. You appear confused. It’s not on our land so anyone (resident or not) is at risk of crashing into it, as they have several times already and the reason I have reported it as a safety risk. Are you insinuating someone would crash into it on purpose? Perhaps this is something you would do? We’ve lived with it like this for a while now and knew about it since day one so clearly that’s not an issue for us. However given the number of near misses by non-residents since we’ve lived here, it means safeguarding has understandably become a concern.
 
Your response is full of “what ifs” and “hypothetical scenarios”. Oh and yes, working in H&S for a London airport means I am very much educated on the safety laws in this country so can tell you that if some poor person did ever crash into it in the future if it wasn’t moved, both the developer AND VM would be liable for damages as they have the power to move it a couple of feet and prevent any accidents which could easily be avoided.
 
The main reason for me posting on this forum in the first place was purely to see if someone could point me in the right direction of who to contact about this from VM, which someone kindly did. I have since reached out to the relevant team directly. I have therefore achieved what I set out to achieve. Your take on the potential outcome is also very “interesting” to say the least as I can tell you your theories are unfounded and incorrect that VM isn’t going to move it! As another commenter said “Trouble is, in typical fashion these threads did tend to peter out and we never did get to hear what the outcome was. It did seem like in one case a cabinet was moved but we don’t know what the cost was nor who paid it!”. If this thread is anything to go by, I would take a punt and say it is probably because of all the Karen’s out there with unhelpful comments and wild theories about what VM will or will not do! Thanks to those that gave their perspective/opinion in a constructive and educated way.

2001chavezl
Tuning in

Thanks to those that gave their perspective/opinion in a constructive and educated way. I have now reached out to the relevant team directly and all is now resolved.


@2001chavezl wrote:

They may not “have” to do anything about it however, given it poses a safety risk due to its location, they could be sued if someone crashes into it (especially after being reported to them as a safety risk) as it should not be partially blocking a driveway by almost a metre, regardless of whether the developer reported it at the time or not. Although the developer clearly escaped their responsibility in this regard, Virgin Media is equally as responsible. It is therefore irrelevant that it was in situ when the house was viewed as that does not override the fact that it poses a safety risk, which is quite evident from the images.


That simply is false. The cabinet is LEGALLY placed. If someone crashes into it, its their issue/fault the same way with any other placed cabinet or street lamp. No foundation in your answer at all. It is not a health and safety risk caused by VM, and is hardly blocking entry to the drive. You just don't like it there overhanging your drive a small amount. You can't just play the Health & Safety card without supporting facts.


@2001chavezl wrote:

It is not the home owners issue as the cabinet is not on our land, it is on a service strip directly in front of the driveway. As already stated, the main issue is that it is a clear health and safety risk and VM WOULD be at legally liable if the issue has been reported as a safety risk (backed up by photographic evidence) and they decided to not take action, only for someone to then crash into it and injure themselves. That is the point I am making. As already stated, I have now been able to contact them privately. 


Planning permission for re-development, yes? If so, if the cabinet was an issue, it should have been factored in. The developers obviously though the places would see without paying VM anything to move it. It paid off for them.


@2001chavezl wrote:

I actually work in H&S and deal with risk assessments on a daily basis. Any previous risk assessment would have been based on when the pub was still there and not on the new layout and would therefore no longer be applicable as the land use has changed. While I agree the developer should have liaised with VM to relocate it, ultimately, it is VM who is responsible for carrying out the work and as VM owns the cabinet, they would responsible if someone get injured as a result of their equipment. In a court of law, that is what it would be based on. It is their equipment.


You really can't be at a level where you do H&S seriously then. Does not matter that the land use was changed for the area that was redeveloped. The cabinet is sitting outside of that OWNED area and the cabinet is minding its own business on original land that was legally agreed to. You make some wild claims on here about "people injuring themselves". Is that because the cabinet has doors open exposing live cables?, is it because the cabinet has sharp metal protruding? Of course not, its a cabinet like 1000's of others around the UK so why should this one particular cabinet be deemed H&S public safety issue? The 1000's of others aren't suddenly an issue.

The UK has a case based legal system and goes on facts and evidence.


@2001chavezl wrote:

Thanks to those that gave their perspective/opinion in a constructive and educated way. I have now reached out to the relevant team directly and all is now resolved.


what was the resolution then? VM won't simply move it, because they have a legally agreed placed cabinet and would cost them thousands. They may agree to send someone out to look as an initial stage to see if they could shift by a few inches to the right if space.

"VM would legally be responsible and any claims that the developer didn’t submit an application to get it relocated wouldn’t stand up in a court of law as VM owns the equipment and they have been made aware it is obstructing an access way."

Are you really so sure? The cabinet was there quite happy and all agreed until redevelopment outside of VMs control happened. If anything they may counter that there is space to stop the entry of the driveway just before the start of their cabinet and that is what the redevelopment should have taken into account. You have a wide entry there, bigger than most driveways.