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oxfordwhite

join:2008-01-28
Kitchener, ON
reply to morisato

Re: Door to Door Bell Salesman

What suggestions would you guys suggest I do about entry into the back yard that is gated, but the individual(s) (meter reader, lawn care representative, hoodlum) cannot figureout how to open or close the gate correctly and damage it or abuse it in the process?

We have since they stopped sending little marker cards to record the meter, had to repair the gate 5 times which include re-hanging and building new latch mechanisms and handles. The gate has existed there for almost 10 years in the same way. Now it appears kicked, pulled in the wrong direction to open, and door catches (prevent the door from going past closed) shattered. Even the decorative pieces along the top were damaged by what looks like someone pulling on the time to close the gate.

I have no proof that it was intentional or such. All I can think of is to contact any company that would require access such as the meter checkers or the lawn care company and explain that some how the gate is getting damaged and would like to come to an arrangement to reduce further damage to the gate. Perhaps if the gate is closed or does not open the first time contact us, or make note and we can arrange something.

Its similar to the premise of the D2D salesperson but with more unknowns.



Ott_Cable

@teksavvy.com

I can't give you any legal advice.

In situations like this, you'll need to document the damages i.e. before / after pictures with dates.

If the damages is minor, may be post a big sign with the picture on it and circle the damages done addressed to the meter person telling he/she that they are damaging private properties and hope they would be careful.

Beyond that would be letter to the company with the documentations. If that isn't going anywhere, there is always small claims court.


taraf

join:2011-05-07
Stittsville, ON
reply to oxfordwhite

said by oxfordwhite:

What suggestions would you guys suggest I do about entry into the back yard that is gated, but the individual(s) (meter reader, lawn care representative, hoodlum) cannot figureout how to open or close the gate correctly and damage it or abuse it in the process?

As others have said, I can't give legal advice either. I can, however, tell you that my service contract with hydro, with the gas company, and also with the city for water delivery, requires that the meter be in a place that's accessible to their representatives. In all of those cases, the meter is visible on the side of the house, at the end of the driveway, at the bottom of the steps up to the front terrace (well, we have a smart meter for Hydro now, but the old meter was in the same place). In situations when the outside meter is unreadable, I need to let them in to the house so they can read the inside meter, and while that is by appointment only, they are to have unfettered access to the outside meter first, and they don't need to call ahead.

So, while I can't give you legal advice on this "vandalism", I would say that you should check your service contract. If there's anything in there about the company representatives having unfettered access to your meter, then while I'm sorry to hear about your gate, perhaps the fault is in your having a non-standard gate mechanism? Or in requiring the company reps to go through a gate in the first place?


dillyhammer
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join:2010-01-09
Scarborough, ON
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said by taraf:

If there's anything in there about the company representatives having unfettered access to your meter, then while I'm sorry to hear about your gate, perhaps the fault is in your having a non-standard gate mechanism? Or in requiring the company reps to go through a gate in the first place?

Unfettered access requirements in a contract do not include damage to private property. It takes a court order to do that.

I'd be putting an IP cam on that gate, and putting all the companies on notice.

Mike
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Cogeco - The New UBB Devil -»[Burloak] Usage Based Billing Nightmare
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taraf

join:2011-05-07
Stittsville, ON

said by dillyhammer:

said by taraf:

If there's anything in there about the company representatives having unfettered access to your meter, then while I'm sorry to hear about your gate, perhaps the fault is in your having a non-standard gate mechanism? Or in requiring the company reps to go through a gate in the first place?

Unfettered access requirements in a contract do not include damage to private property. It takes a court order to do that.

I'd be putting an IP cam on that gate, and putting all the companies on notice.

Mike

If your private property is preventing them from accessing their private property (they own the meter), then it's fair game. It's just like when Bell has a pedestal that happens to be on your property... you cannot legally prevent them from accessing it, and if it's behind a locked gate, they will use bolt cutters to destroy the lock. You have no recourse, because your "private" property was preventing them from doing their job as a public utility: they might reimburse you for damages as a courtesy, but they have no obligation to. It's the same as what happens if you park in front of a fire hydrant... if they need access to it, they're not going to call you to get you to come move your car, they're going to ram your car and push it out of the way, and then send you the bill for repairing their truck.

The thing is... you don't own your property. You're leasing it from the city. That's why you pay property tax. It is, for all intents and purposes, "private", but if a public utility needs access to it, they don't need to ask your permission. If they do, it's strictly a courtesy, and if you refuse and try to bar their access, you could go to jail for your trouble.


dillyhammer
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join:2010-01-09
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said by taraf:

If your private property is preventing them from accessing their private property (they own the meter), then it's fair game. It's just like when Bell has a pedestal that happens to be on your property... you cannot legally prevent them from accessing it, and if it's behind a locked gate, they will use bolt cutters to destroy the lock. You have no recourse, because your "private" property was preventing them from doing their job as a public utility: they might reimburse you for damages as a courtesy, but they have no obligation to. It's the same as what happens if you park in front of a fire hydrant... if they need access to it, they're not going to call you to get you to come move your car, they're going to ram your car and push it out of the way, and then send you the bill for repairing their truck.

Bell peds, that's not an unfettered access requirement in a contract. That's a legal easement.

There are many types of meters which are located in areas on private property inaccessible by default to a reader and an appointment or scheduled time is necessary to read them.

If they can't read the meter, they estimate.

It may not take a court order to break your gate, but it takes one to break mine. If you're knocking at my door that's one thing. If you're at my back gate with bolt cutters you best be having a police officer and a court order in hand, because AFAIC you're an armed intruder and will be treated as such very quickly.

Mike
--
Cogeco - The New UBB Devil -»[Burloak] Usage Based Billing Nightmare
Make The Switch - »openmedia.ca/switch


Ott_Cable

@teksavvy.com
reply to taraf

>It's the same as what happens if you park in front of a fire hydrant...

Actually that is not exactly the same situation as the rights that the fireman have access to the fire hydrant that you are blocking. One is a time critical public safety with someone's life at stalk while the other one can wait.