Network Rail Ground Investigations

Fen Farmer

Member
Arable Farmer
Location
Cambs
We have been approached by solicitors representing Network Rail wanting to undertake 10 boreholes in various fields close to nearby railways. There are proposals due out in a few months time laying out Network rails proposals for rail upgrades around Ely, Cambs.
The solicitors seem to have a rather aggressive attitude saying that if we do not comply with their requests they will issue notice and do it anyway! They have sent us a licence on Wednesday this week, expecting it to be signed today with works starting next Tuesday, rather rushed you would say!
Has anyone else experienced anything similar? Does anyone have any idea on compensation per borehole? They will also have to travel through standing crops to access other sites as they can not wait until after harvest.
We are most unhappy with their intentions to undertake these boreholes as we fear what Network Rails proposals may be in the coming months.
Thanks
 

robs1

Member
We have had the embankment on the line through ours widened, they approached via their agent and asked who was going to act for us, no problems or aggressive attitude, seems very odd for a solicitor to act for them, are you sure it's not the firm doing the work that have approached you? as been said refer them to your agent,
 

YELROM

Member
Location
North Yorkshire
And photograph every thing they do as at the end of the job they will deny half the damage they have done
We had an underground cable put across one of our fields and they didn't stick to the agreed access route as it was wet, they then denied it being them till we showed them photos of their dumpers going up and down
We now have a claim ongoing where the contractors have gone across a field to repair a sewage main and will only pay for crop damage where they dug the hole, not were they went across the 27ac field with vac tankers, pipes, digger, van etc
 

Two Tone

Member
Mixed Farmer
Get yourself an agent to do the work on your behalf. Network Rail will pay for you to do so.

Cheffins (as in Cheffins, Grain and Chalk) would have done it for you years ago. Don’t know if they still could.
But when John Grain was alive, he’d have given them short shrift and enjoyed doing so (with almost an entire fag’s worth of ash hanging out of the side of his mouth)!

If not, maybe Bidwells at Cambridge.
 
Get yourself an agent to do the work on your behalf. Network Rail will pay for you to do so.

Cheffins (as in Cheffins, Grain and Chalk) would have done it for you years ago. Don’t know if they still could.
But when John Grain was alive, he’d have given them short shrift and enjoyed doing so (with almost an entire fag’s worth of ash hanging out of the side of his mouth)!

If not, maybe Bidwells at Cambridge.

I would say that the reputation of the former firm is rather better than the latter mentioned imho.
 

Highland Mule

Member
Livestock Farmer
We have been approached by solicitors representing Network Rail wanting to undertake 10 boreholes in various fields close to nearby railways. There are proposals due out in a few months time laying out Network rails proposals for rail upgrades around Ely, Cambs.
The solicitors seem to have a rather aggressive attitude saying that if we do not comply with their requests they will issue notice and do it anyway! They have sent us a licence on Wednesday this week, expecting it to be signed today with works starting next Tuesday, rather rushed you would say!
Has anyone else experienced anything similar? Does anyone have any idea on compensation per borehole? They will also have to travel through standing crops to access other sites as they can not wait until after harvest.
We are most unhappy with their intentions to undertake these boreholes as we fear what Network Rails proposals may be in the coming months.
Thanks

From another thread:

Correct response is “certainly, please put the request in writing, include a copy of your method statement and risk assessments and who I should invoice for my time to review them”.
 

Flat 10

Member
Arable Farmer
Location
Fen Edge
We have been approached by solicitors representing Network Rail wanting to undertake 10 boreholes in various fields close to nearby railways. There are proposals due out in a few months time laying out Network rails proposals for rail upgrades around Ely, Cambs.
The solicitors seem to have a rather aggressive attitude saying that if we do not comply with their requests they will issue notice and do it anyway! They have sent us a licence on Wednesday this week, expecting it to be signed today with works starting next Tuesday, rather rushed you would say!
Has anyone else experienced anything similar? Does anyone have any idea on compensation per borehole? They will also have to travel through standing crops to access other sites as they can not wait until after harvest.
We are most unhappy with their intentions to undertake these boreholes as we fear what Network Rails proposals may be in the coming months.
Thanks
Had just the same with a bunch of fudgewits from a solar company. They will pay your agents fees. I don’t know what happened to peaceful enjoyment of your property.
 

Two Tone

Member
Mixed Farmer
Thanks for all the comments, have spoken with an agent today. We have informed their solicitors of our plans so we will see what comes of it. They still think they will be starting on Tuesday, but I'm not so sure...

Glad to hear it.
Had John Grain still been alive and your agent, he’d have stood at the field waiting for them. When they turn up, he’d say “If you attempt to come on here, I shall punch you right on the end of the nose. Then I’ll set my dog on you!”
Being over 6’ tall and a pretty good boxer, he was pretty formidable. He probably would also have his shotgun in his car as well as a spade to bury them afterwards too!

[QUOTE="Suffolk Serf, post: 7617031, member: 636”]
I would say that the reputation of the former firm is rather better than the latter mentioned imho.
[/QUOTE]
Yes, know what you mean.
 
Last edited:

Exfarmer

Member
Location
Bury St Edmunds
Glad to hear it.
Had John Grain still been alive and your agent, he’d have stood at the field waiting for them. When they turn up, he’d say “If you attempt to come on here, I shall punch you right on the end of the nose. Then I’ll set my dog on you!”
Being over 6’ tall and a pretty good boxer, he was pretty formidable. He probably would also have his shotgun in his car as well as a spade to bury them afterwards too!

[QUOTE="Suffolk Serf, post: 7617031, member: 636”]
I would say that the reputation of the former firm is rather better than the latter mentioned imho.
Yes, know what you mean.
[/QUOTE]
My father cornered John grain when they had just moved into the new site after the Railway station, that there was nowhere to get a cup of Tea. Mr Ex, said John, I want people here bidding, not drinking coffee and gossiping :)
 

Two Tone

Member
Mixed Farmer
Yes, know what you mean.
My father cornered John grain when they had just moved into the new site after the Railway station, that there was nowhere to get a cup of Tea. Mr Ex, said John, I want people here bidding, not drinking coffee and gossiping :)
[/QUOTE]
He was a great character, that is for sure. When my father started farming, being the youngest son, he didn’t inherit and had to make it all his own way. John was always very helpful. Knowing what machinery my Dad needed, he knocked several tractors and implements down to him at the original Cambridge Machinery market site (before it moved to what is now the Science Park and then to Sutton. John knew my Dad would struggle to pay for it all at that time, but also knew he had to have it. My Dad hadn’t even made a bid for them!

After we moved from Ely to North Suffolk and I took over, John would still come over every year to do our annual Stocktake and Valuations. I still visualise him with his little book, half moon glasses and an almost completely smoked cigarette hanging from his mouth, that he never let the ash fall off from until he stubbed it out! Wearing the shiniest Dealer boots you saw and with that wonderful throaty giggle he had.

Fortunately there are characters still about like him. Here in Warwickshire (postal address Glos), we use a similar guy called Richard Abbey from John Earle and Co. who is almost a carbon copy, but doesn’t smoke.
Richard has acted as agent for me several times in similar situations that @Fen Farmer is going through now.

Neither John nor Richard would/will take any nonsense or sh1t from such organisations as Network Rail.

Ironically, the Cheffins Machinery sale ground at Sutton is on land my Paternal Grandfather use to farm, grazing his Dairy herd on. It was there that he learned never to accidentally pee on an electric fence!
I happened to be with him at the time and made a very strong mental note not to do the same thing either, even though I was only about 6 and not tall enough to have pee’d that high!
 

puppet

Member
Livestock Farmer
Location
sw scotland
Get an agreement written down first. Some of the city solicitors do the tough stuff but don't be bullied. Ask £100 per hole as well as your time. Enforcement notice will cost them and will still have to compensate for damage
 

thesilentone

Member
Livestock Farmer
Location
Cumbria
It makes me angry when letters and requests contain ultimatums. It's not exactly the way to build good relationships and win hearts and minds.

I would make life as difficult and as slow as possible for them, for that reason alone.

I have experienced a situation where the shoe was on the other foot. Work was required near a railway line (under a bridge) and Network Rail had to be involved. They were so slow (over one year) moving forward, eventually, legal advice was taken on the consequences of doing the work without their consent, which eventually happened.
 

thesilentone

Member
Livestock Farmer
Location
Cumbria
We have had the embankment on the line through ours widened, they approached via their agent and asked who was going to act for us, no problems or aggressive attitude, seems very odd for a solicitor to act for them, are you sure it's not the firm doing the work that have approached you? as been said refer them to your agent,


Unless the acting solicitor is setting a tone that could maybe create a legal and hostile response = More time, and work for them.
 

Bongodog

Member
So they are coming next Tuesday. Yes this certainly shows all the signs of a C U Next Tuesday operator. I would get a strongly worded reply off ASAP saying speak to my agent who you will be paying for. As they are obviously complete tossers throw back all the standard Network Rail bs at them, just have a look a the thread about the HS2 works, don't let them on site without receipt of full method statements of work, H&S procedures, covid protocol, compensation values etc. As to the suggestion of £100 per hole, no way in standing crops they will cause far more aggro and damage. That's only appropriate in grassland or directly beside a track.
 

Exfarmer

Member
Location
Bury St Edmunds
So they are coming next Tuesday. Yes this certainly shows all the signs of a C U Next Tuesday operator. I would get a strongly worded reply off ASAP saying speak to my agent who you will be paying for. As they are obviously complete tossers throw back all the standard Network Rail bs at them, just have a look a the thread about the HS2 works, don't let them on site without receipt of full method statements of work, H&S procedures, covid protocol, compensation values etc. As to the suggestion of £100 per hole, no way in standing crops they will cause far more aggro and damage. That's only appropriate in grassland or directly beside a track.
Absolutely agree, I think you will find a minimum of £1,000 a hole will be nearer the mark for the mess they will certainly make.
 

Bongodog

Member
Of course they can wait until after harvest, network rail are probably the slowest company around, they think 10 years is quick. Look at reopening Soham Station, that will have taken around 10 years just to rebuild a platform beside an existing line, and that's after the then County Mayor stepped in and insisted on them slicing about 5 years off the job.
 

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