A Lancashire couple have won a legal battle against their local cricket club after a ball smashed a solar panel on their roof.
Peter and Nicola Dewhurst, from Burnley, have been awarded £700 from the Read Cricket Club, after a cricket ball landed on their property in May 2023.
Although separated by a road, their home sits just yards from the boundary of the sports club based in Whalley Road.
Mr Dewhurst, 42, said he was left “upset” after the club avoided paying for the damaged solar panel.
“I thought they would just pay to replace the panel and we’d all carry on. If I damaged something belonging to someone, I would make sure I sorted it.
“But we feel they (Read Cricket Club) did everything possible to avoid having to pay for the damage they caused. They pushed us all the way to court.
“I felt upset about it – especially as it was only £495. But it became a principle thing for us. Nikki and I did what we needed to do to rectify the situation.
“And we feel it was the right thing to do – for our neighbours as well.”
The couple took legal action against the club, founded in 1878, appearing at Burnley County Court, on February 7, which ruled in their favour.
Initially, Mr and Mrs Dewhurst asked the club to pay for a replacement panel and said the club had agreed to pay for the insurance excess.
But the club rescinded their offer after they discovered the excess was more than £100, the Dewhursts claim.
Mr Dewhurst, a maths teacher, stated that the issue had also affected his neighbours who had found cricket balls in their gardens.
One local resident claimed a ball had smashed his window and an unnamed mother said that she had “numerous” balls hit into her property, leaving her “worried” about her daughter playing in their back garden.
It was claimed that Read Cricket Club had paid for the smashed window to be fixed on a previous occasion.
Mr Dewhurst believes the club needs to put prevention measures in place to avoid a “serious accident” taking place in the future.
He said: “People have had their windows broken – and I’ve retrieved a ball from a neighbour’s garden. She was concerned as she had a young daughter.
“The club is next to a busy main road and if a ball goes over at the wrong time, it could cause a serious accident.
“On one occasion, a ball smashed the window of a passing car on that road. On another occasion, a ball smashed the window of a bus.
“So they need to try put some prevention measures in place. Even putting up a net during busy games would be a good idea.”
The cricket club was ordered to pay the couple the £495 they asked for to replace the panel, as well as £66.40 in interest and £155 in court fees.
Read Cricket Club have been contacted for comment.
If a neighbour damages your property its important to try and settle the dispute by talking to them first. But if this fails there are a number of options open to you.
Its important to establish whether your neighbour intentionally caused the damage to your property, and if so, this could amount to a criminal offence, and you should contact the police for advice on 101.
If the damage was done accidentally, you can submit a claim to your insurance company, where they will decide if the damages are covered by your policy. If you do not have insurance you can still seek damages.
If your neighbour refuses to pay you can take them to court for damages due to negligence, but the Citizens Advice Bureau warns that you will only be successful if you can prove that your neighbour didn’t take reasonable care to prevent the accident happening.
For more information contact the Citizens Advice Bureau or independent legal advice.
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