oil man trespassing

03-12-2011 11:25PM #1

hello lads and lady's i want to ask a question to all the fellow boards members its a long one so bare with me i ordered oil yesterday from a company <who shall remain nameless> and they advised that they will deliver it on Monday anyway today i come home from work with an invoice in my door and my oil tank full.now my back gate was locked and my dog was in my garden so its clear they jumped my fence to put oil in and now a couple of things i want to know

are they legally allowed to come onto my property when im not there?

would i have been liable if said oil man got bitten by my dog ??

and finally what will i do since the f@@ker who put my oil in broke my bloody fence??? i haven't paid yet and i feel like i shouldn't until i get some answers and a new fence

Biggins · 03-12-2011 11:28PM

tnynll wrote: »

are they legally allowed to come onto my property when im not there?

would i have been liable if said oil man got bitten by my dog ??

and finally what will i do since the f@@ker who put my oil in broke my bloody fence??? i haven't paid yet and i feel like i shouldn't until i get some answers and a new fence

No.

Yes.

Your screwed. Unless someone saw them actually break it, it could be your word against theirs.

admiralofthefleet · 03-12-2011 11:28PM

you got what you ordered so are you not happy with that

El Weirdo · 03-12-2011 11:29PM

Same as the postman really. Do you complain when you come home to find he's stuffed a load of paper in your letterbox?

tony1kenobi · 03-12-2011 11:30PM

Get a new dog.

03-12-2011 11:30PM

admiralofthefleet wrote: »

you got what you ordered so are you not happy with that

im not happy he broke my fence he didnt even call me and i left my no

44leto · 03-12-2011 11:33PM

No the oil man is not allowed come on to your property without your permission. But if it was me I would have been glad he did. Just less hassle waiting for it on monday. Now you have that out of the way.

03-12-2011 11:33PM

El Weirdo wrote: »

Same as the postman really. Do you complain when you come home to find he's stuffed a load of paper in your letterbox?

the point im making is he broke my fence trying to do the job quickly not the fact hes done his job

marvsins · 03-12-2011 11:34PM

The fact that you have ordered oil is surely you giving them consent to put oil in your tank, therefore consent to enter your property.

kowloon · 03-12-2011 11:39PM

He meant the best and certainly didn't break the fence on purpose. I'd chalk this one down as an accident. Put up a 'beware dog' sign at the entrances if you're worried about the dog biting.

Tayla · 03-12-2011 11:39PM

44leto wrote: »

But if it was me I would have been glad he did. Just less hassle waiting for it on monday. Now you have that out of the way.

Yea but he broke his fence

marvsins wrote: »

The fact that you have ordered oil is surely you giving them consent to put oil in your tank, therefore consent to enter your property.

He told him to come on Monday, you can be pretty sure that if the OP's dog did actually give him a nasty bite that he would try to sue the OP, however the OP wasn't aware that he would visit today so he didn't move the dog into the house.

Stained Class · 03-12-2011 11:40PM

tnynll wrote: »

the point im making is he broke my fence trying to do the job quickly not the fact hes done his job

There's always the possibility that he did'nt break the fence.

I coulda been kids messing.

Red21 · 03-12-2011 11:40PM

What were you hoping he would do?
What kinda shape was your fence in?
most people wait till the last few days of oil before they ring in an order and if the tank isn't filled their burner gets airlocked.

03-12-2011 11:41PM

Tayla wrote: »

Yea but he broke his fence

He told him to come on Monday, you can be pretty sure that if the OP's dog did actually give him a nasty bite that he would try to sue the OP, however the OP wasn't aware that he would visit today so he didn't move the dog into the house.

finally someone who sees my point of view

Rhys Essien · 03-12-2011 11:44PM

Ya,he could at least have the decency to phone you to say he was there.

03-12-2011 11:45PM

Rhys Essien wrote: »

Ya,he could at least have the decency to phone you to say he was there.

in fairness i work across the road from my house if he had of rang me id of came over and put the dog in and unlocked the gate it feels like he just wanted it done and dindnt care about me as a customer

Biggins · 03-12-2011 11:46PM

marvsins wrote: »

The fact that you have ordered oil is surely you giving them consent to put oil in your tank, therefore consent to enter your property.

No.

"All that is necessary to establish the tort of trespass is that the act should be voluntary"
Davitt J
O'Brien v McNamee 1953

If a man is sitting on a wall and is pushed so that he falls on someone else's land and there by commits trespass, his act is involuntary and he is not liable in tort - but if he is out shooting or on other business and thinks he was a right to be a particular piece of land, when in fact he has no right, his act is voluntary and he is liable for trespass.

Unless express permission has been given while the occupier is out, they are indeed breaking the law.

syklops · 03-12-2011 11:47PM

Define broken fence. Did he drive the truck through it or what?

My name is URL · 03-12-2011 11:48PM

El Weirdo wrote: »

Same as the postman really. Do you complain when you come home to find he's stuffed a load of paper in your letterbox?

Pity the oil man didn't show the same initiative

03-12-2011 11:51PM

syklops wrote: »

Define broken fence. Did he drive the truck through it or what?

ill put it like this 2 full slates are broken now and they were solid when i left for work today

El Weirdo · 03-12-2011 11:54PM

tnynll wrote: »

the point im making is he broke my fence trying to do the job quickly not the fact hes done his job

Really?

tnynll wrote: »

are they legally allowed to come onto my property when im not there?

would i have been liable if said oil man got bitten by my dog ??

03-12-2011 11:55PM

yea and i haven't had one call of them they never mentioned Saturday to me they said earliest will be Monday and took my moby

04-12-2011 12:01AM

It's people like the OP that make working in customer service the most degrading, demoralising job known to man.

04-12-2011 12:02AM

salonfire wrote: »

It's people like the OP that make working in customer service the most degrading, demoralising job known to man.

tell me why?????

rainbowtrout · 04-12-2011 12:04AM

tnynll wrote: »

in fairness i work across the road from my house if he had of rang me id of came over and put the dog in and unlocked the gate it feels like he just wanted it done and dindnt care about me as a customer

How is the oil man supposed to know you work across the road? If he had rung you, he probably figured the chances are you were nowhere near the house.

Can you prove he broke the fence?

Of course he just wanted it done, he didn't want to have to make a second trip on Monday. Oil men probably visit empty houses most of the time, their hours are generally 9-5 when most people are at work. The 'he didn't care about me as a customer' comment is a bit over the top. He wasn't performing open heart surgery, he was delivering oil, normally to people who have run out and want it yesterday.

If you're that annoyed over it, ring the oil company, ask who delivered to your house, and ask if he broke the fence.

hop2it · 04-12-2011 12:05AM

ring oil company frist thing monday morning and cancell you order as the oil fairy called into you over the weekend and filled your tank

2 stroke · 04-12-2011 12:06AM

Oilmen regularly reschedule deliveries if they know their routes better than the office staff. I would contact the company and complain about the broken fence but if you start complaining about trespass you could have trouble getting deliveries in future.

Tayla · 04-12-2011 12:07AM

salonfire wrote: »

It's people like the OP that make working in customer service the most degrading, demoralising job known to man.

Why

He broke his fence, the OP is hardly ranting and raving about it, he's just asking a couple of questions!

Biggins · 04-12-2011 12:08AM

2 stroke wrote: »

Oilmen regularly reschedule deliveries if they know their routes better than the office staff. I would contact the company and complain about the broken fence but if you start complaining about trespass you could have trouble getting deliveries in future.

There is other oil companies.

04-12-2011 12:10AM

Tayla wrote: »

Why

He broke his fence, the OP is hardly ranting and raving about it, he's just asking a couple of questions!

im not trying to be rude but tayla is right im annoyed my fence was broke and i wasnt even called to see if i was near to let them in

ninjasurfer1 · 04-12-2011 12:12AM

Sell the oil..
ring oil company on Tuesday asking where your delivery is..
..
Profit?

oil man trespassing

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