I got back today to find a letter from network rail with a bill for just over £5k claiming I had hit a bridge in Rotherham road parkgate this is supposed to have happened in late May and this is the first time I have heard anything about it.The amassed total is made up of bridge inspection fees and compensation for loss of train services but there is no bill for repair as there was no repair to do
The thing is I am sure I never hit the bridge the factory we go to is a collection we do maybe twice a year we all know it is tight to get under so I always stop before the bridge and drop the air from the unit and trailer and have been doing this for years this does cause a little bit of a hold up as we crawl under the bridge but it’s the only way in I am just wondering if someone got impatient and reported me out of spite
We go under with euroliners there is no damage to the trailer which I can prove as I have photos of it as I was dropping it of at Felixstowe and they show both the roof and sides in good condition with no damage so which is the best way of sorting out this problem any thoughts or help gratefully received
I would have thought the best thing to do, would be to write to them stating that you dispute striking the bridge, explaining that you have previously been under the bridge with no previous issues and explain that you can produce independent photographic images of the trailer (From the Port Scanner) showing that there is no damage to the trailer. But prior to sending the letter I would also speak to your insurance broker just to get their opinion.
I would have thought that they need concrete proof, ie good quality video, ask them for it before you even think about coughing up.
As you say, not just some one ringing them up, who got held up & rang them out of spite.
martinviking:
I would have thought that they need concrete proof, ie good quality video, ask them for it before you even think about coughing up.As you say, not just some one ringing them up, who got held up & rang them out of spite.
As above, go for their throat and show no weakness, you are dealing with a massive company who think they can bully you into submission.
They need to be able to show proof, without it, their claim is toast …
I`d be slightly weary about speaking to your broker unless they are a trusted supplier, as ANY inter-action with your insurance company will spook them, and you will pay next time, even if the claim is thrown out, insurers are not to be trusted 
Thanks for your replies, I have also asked my brother and his wife who are both far more intelligent than me and also have a far better knowledge of the law.So with there advice and taking on board all of the replies this is the coarse of action I have decided to take
- phone network rail up on a different phone number to see if it is them and not a scam
2)If it is a true case ask them if they have any film or photos of the incident which I am sure they will not have
If they only have evidence of a passer by or the word of a motorist I will let them take me to court on principle I hate people using bully boy tactics on me always have done and always will. the bit that really gets me riled is it’s taken them 3 months to tell me and most of all they sent the letter on the Friday before a bank holiday which has spoilt the bank holiday for the wife as it is playing on her mind but it has only angered me and the present time I am keeping the insurance company out of it until I know more
Professor:
Thanks for your replies, I have also asked my brother and his wife who are both far more intelligent than me and also have a far better knowledge of the law.So with there advice and taking on board all of the replies this is the coarse of action I have decided to take
- phone network rail up on a different phone number to see if it is them and not a scam
2)If it is a true case ask them if they have any film or photos of the incident which I am sure they will not have
If they only have evidence of a passer by or the word of a motorist I will let them take me to court on principle I hate people using bully boy tactics on me always have done and always will. the bit that really gets me riled is it’s taken them 3 months to tell me and most of all they sent the letter on the Friday before a bank holiday which has spoilt the bank holiday for the wife as it is playing on her mind but it has only angered me and the present time I am keeping the insurance company out of it until I know more
By all means check the phone number out, but for everything else, I`d be doing it via email / registered mail, this gives you an audit trail if things turn nasty later on, and it slows down the process 
Get your brother/sister-in-law to draft a letter, outlining the facts, i.e., where is your proof ?
Good luck and enjoy the rest of the weekend/bank holiday…
It may not necessarily be out of spite that someone has contacted network Rail. The view from a car behind or approaching would easily have given the impression that you were scraping the bridge. It would be very likely that the underside of the bridge would show signs of past incidents which the motorist could have assumed was down to you.
You have not mentioned what signs were on the bridge ie advisory or prohibitory, nor have you mentioned what the actual marked height of the trailer was. I don’t expect you to post on here the answer!
However if you start producing evidence which will need to positively identify the trailer, and it comes to light that you took a marked over-height trailer under the bridge then you will be legless and more than £5K out of pocket.
I can’t recall the exact figure but once the trailer system detects wheel speed above a certain level then the air suspension will revert to ride height.
As everyone says …
But should you really be taking a unit and trailer that you have to dump air out of to negotiate the bridge ?
By dumping the air your surely open for driving a vehicle on the highway in acordence to the construction and use and also you may be liable for disobeying a road traffic act sign ie low bridge height . Although you have lowered the height it could be said that the height is Normal driving height . Just be carful how you go about this !
cav551:
I can’t recall the exact figure but once the trailer system detects wheel speed above a certain level then the air suspension will revert to ride height.
Not ALL trailers do this.
We had a guy on Walkers that thought that because he had driven a few trailers that had this feature but came a cropper one night by pulling a trailer from up north back to leciester only to find out he’d melted the mud guards 
I would have thought if you have struck the bridge or some other motorist has called Network rail claiming this…surely the police would have been contacted and closed the road until such time it has been inspected by network rail…
After all they wont let trains use it, so why should they let motorists go under it…
One thing to do is call the local police station to where the bridge is and find out did they actually called and did they close the road at times that relate to this claim…
Swampey2418:
I would have thought if you have struck the bridge or some other motorist has called Network rail claiming this…surely the police would have been contacted and closed the road until such time it has been inspected by network rail…
After all they wont let trains use it, so why should they let motorists go under it…One thing to do is call the local police station to where the bridge is and find out did they actually called and did they close the road at times that relate to this claim…
Be careful getting the local plod involved, let NR sort it out, the onus is on them to prove the incident existed, they can`t just issue an invoice for £5k without attaching proof.
And, if there is proof, why haven’t the police issued proceedings for “failure to stop” ect… ■■?
Taken all on board what your all saying the two things that really annoy are why has it taken 3 months to get in touch and why did the person who reported me not stop to tell me that I had hit the bridge if in fact I did hit the bridge which I did not there are also lots of scrapes and damage to the bridge
I’ll make a guess at the whys. The person may have been heading towards you, known that the bridge was eg 15’ and getting level with the front of the trailer seen that it was clearly marked at 15’3", by then it was too late to notice the name on your cab, but the trailer had Blogg’s Biscuits in huge letters on the side. Maybe he blew the horn but Status Quo were ‘Rocking all over the World’ out of your speakers so you didn’t hear him. By then it made no difference whether he stopped you or not so rather than ring the Police, which would have been slower in stopping the trains, he rang Railtrack on the number shown on the notice displayed at low bridges.
The only details Railtrack had were Blogg’s Biscuits, the approximate time, the location and the date. It then took months to get details of who had one of their trailers and might be responsible.
It is not damage to the bridge which they are worried about so much as misalignment of the tracks and a possible derailment which really concerns them.
Hand duly slapped:
Yes apologies, not all trailers revert to ride height … you should never rely on this happening.
He runs @ 4m, so we know that, but what does the bridge say ?
Also, the OP mentions that this is a twice yearly collection, with years of experience doing it.
So, if he got it in to the customers, and loaded without any problems, how did he get out without causing mayhem AGAIN ?
The customer is in the vicinity of the bridge [IIRC], so, how come NR didn’t come out PDQ and close the road whilst they did their inspection [usual procedure] whilst he was still in the area ?..
#extortion
You have to get in the middle of the road as it is an arch bridge part of the way through so cars can not get pass as you slowly pass through, I seem to remember a car at the far end having to back up and move over a bit as I was coming through as I would not deviate off my coarse as it would mean hitting the side of the trailer on the side my money is on him but we will see what network say Tuesday as I say I have photos and there is not a mark on the trailor
Don’t leave us hanging dude. I vote victim of a wind up by a mate.
After taken advise of sister in law who is a lot better educated than me it was decided it would be better if I did not have a conversation over the phone as they could put words in your mouth.So she wrote a letter on my behalf saying that although there was lots of information of train journeys interrupted there was no evidence that it was my lorry that hit the bridge which we totally deny doing and if they do not send any proof in 14 days we will consider the matter closed we sent the letter registered post at this present time we have not heard anything back will keep you posted when we do