Low Voltage Wayleaves

 Introduction

  1. These Terms of Business form part of and are incorporated into the contract between Thomson Broadbent Wayleaves Ltd (“the Company”) and its client and should be read together with any Authority to Act that you have signed. The Company’s advice is for the benefit of its instructing client who should treat all advice as confidential and the advice may not be used or relied upon by any third party. It should not be copied or used for any purpose other than the successful achievement of a compensatory settlement. For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999, no term of this agreement shall be enforceable by a third party. If there are any conflict between these Terms of Business and the Authority to Act, then the Authority to Act will take precedence.
  2. In this document, “you” or “Client” means the person or persons who are our client. “We/us/our” means Thomson Broadbent Wayleaves Limited, trading as Thomson Broadbent Wayleaves, and its successors. “Director” means a Director of Thomson Broadbent Wayleaves Limited.

Professional Regulation and the RICS

  1. The Company adheres to and has undertaken to observe ‘the compulsory purchase code’ of the Royal Institution of Chartered Surveyors (“RICS”). It provides balanced and professional advice which seeks to secure an equitable outcome consistent with the requirement to agree fair and reasonable compensation for a reasonable cost and within a reasonable timescale. We will on commencement of an instruction provide you with advice as to the basis of likely assessment of compensation and you agree to proceed on that basis.
  2. The Company operates in accordance with the RICS Professional Statement – Surveyors advising in respect of compulsory purchase and statutory compensation (1st edition, April 2017) and the terms of that statement will apply to the way in which the Company deals with the claim. You understand that a copy of that statement can be viewed here https://www.rics.org/globalassets/rics-website/media/upholding-professional-standards/sector-standards/land/surveyors-advising-in-respect-of-compulsory-purchase-and-statutory-compensation-1st-edition-rics.pdf and a written copy is available upon request from the Company. You acknowledge that in completing its instruction form you have provided the Company with a written record as to the matters on which advice is required. A suitable record of the size, relevant features and configuration of the property will be prepared, and an inspection of the property may be required to the extent necessary to produce professionally competent advice.

Your Obligations

  1. In the course of establishing the material information and collecting appropriate evidence the Company will ask you to provide evidence and/or corroborate all information material to the advice being given and where it has not been will clearly state this and advise what assumptions have been made. We will notify you on becoming aware of any material inaccuracies.

Data Protection

  1. The Company is committed to respecting your privacy and protecting the data which we hold about you in accordance with the EU General Data Protection Regulation. Further information about Data Protection can be found in our privacy policy, a copy of which can be found here https://www.thomsonbroadbentwayleaves.co.uk/privacy-policy/ and a written copy is avalible upon request from us.

Our Fees and Charges

  1. You are ultimately responsible for the payment of our fees and charges which comprises of a contingent-only success fee as agreed in your Authority to Act form. This fee is payable out of the consideration in respect of a new wayleave agreement. This contingent-only success fee is intended to cover the risk that we incur by charging no up-front fees and the cost of marketing.
  2. In addition to the fee referred to in (7), the Company also charges a surveyor’s fee of up to £150 plus VAT depending upon the complexity of the work carried out. The Company will seek payment of the surveyor’s fee by the electricity company in accordance with industry standards and being a payment to which the Company is entitled under industry standards does not itself give rise to a conflict of interest.

Your Right to Cancel

  1. The instruction is subject to the consumer’s right to cancel this agreement within the period 14 days (the “cooling off period”) provided by the Consumer Contracts Regulations 2013 by giving written notice in the form below*. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of this contract. To exercise the right to cancel, you must inform Thomson Broadbent Wayleaves Limited, Unit 2 Brisbane House, Corbygate Business Park, Priors Haw Road, Corby, United Kingdom, NN17 5JG email wayleaves@thomsonbroadbent.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If however you require the Company to commence work on your behalf before the end of the cooling off period, or ask the Company to seek offers of compensation on your behalf during this time, you agree that it is reasonable in those circumstances to consider that you have waived your right of cancellation from the point at which we commence working on your behalf and you do so, and in addition you agree that the Company at its discretion as an alternative charging basis will be entitled to charge at its advertised hourly rates for such work as it has conducted on your instruction during that period. Following the expiry of the cooling off period or at such earlier date as you request the Company will carry out legal searches to ascertain and review any existing rights, submit the claim and enter negotiations with the acquiring authority and the appointment will continue for the full duration of the claim process (which normally takes between six months and thirty-six months depending on the acquiring authority’s budgets).

Complaints Handling Procedure

  1. The Company aims to provide a high standard professional service to its clients. If at any time you feel that we are not meeting this aim, we have an RICS compliant Complaints Handling Procedure (“CHP”) for such instances. A copy of which will be made available to you upon request.

Copyright

  1. All copyright in all documents, images and plans we produce is owned by us. The Company permits its Clients to make copies of the documents we produce for you, but they must not be distributed, modified, reused or adapted without our written consent.

Invoicing Arrangements

  1. Payment of the Company’s invoices are due within 14 days. The Company reserves the right to charge interest on any unpaid sums from the date that the invoice is due up until the date of final payment. Interest will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulation 2002.
  2. All invoices shall be detailed in Great British Pound (£GBP) and shall be payable in £GBP.

Termination

  1. Following the expiry of the cooling off period mentioned in 9 above, subject to clause 15, you can terminate your contract with us at any time giving 28 days written notice. Upon the Company’s receipt of written termination of this contract, the Client is required to pay to the company the fees that we would otherwise have been entitled to in clause 7 and 8 of this contract within 14 days.
  2. The Company may terminate the contract at any time, for any good reason for example, if you fail to pay an invoice, a conflict of interest arises, or we reasonably believe we are unable to meet your expectations. We will endeavour, circumstances permitting, to give you reasonable notice of Termination.

Claims

  1. No claim shall lie for indirect or consequential loss. Advice is provided by the Company and you agree that your redress for any claim shall lie against the Company and not its officers or employees.

Registered Office

  1. The registered office of the Company is Bowden House, 36 Northampton Road, Market Harborough, Leicestershire, LE16 9HE. It is registered in England & Wales with company number 10167479.

Headings

  1. Headings are inserted for the convenience of the Company and the Client and are not to be considered when interpreting this agreement.

Applicable Law

  1. The agreement between the Company and its client is governed by English Law.
Privacy Notice

Thomson Broadbent Broadbent Wayleaves Limited respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

  1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data, including any data you may provide when you use our website, sign up to our newsletter, purchase a product or service or take part in a competition.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

This privacy notice is issued on behalf of Thomson Broadbent Wayleaves Limited so when we mention “we”, “us” or “our” in this privacy notice, we are referring to Thomson Broadbent Wayleaves Limited which is responsible for processing, and as controller of, your data and is responsible for our website.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

Our full details are:

Full name of legal entity: Thomson Broadbent Wayleaves Limited
Name or title or DPO: James Broadbent
Email Address: jb@thomsonbroadbent.co.uk
Postal Address: 2 Brisbane House, Corbygate Business Park, Priors Haw Road, Corby, NN17 5JG
Telephone Number: 01536 264101

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

  1. Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    1. apply for our products or services;
    2. create an account on our website;
  • subscribe to our service or publications;
  1. request marketing to be sent to you;
  2. enter a competition, promotion or survey; or
  3. give us some feedback.
  1. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  1. Where we need to perform the contract we are about to enter into or have entered into with you.
  2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  3. Where we need to comply with a legal or regulatory obligation.

Please visit the ICO website to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer Identity

(b) Contact

Performance of a contract with you
To process your matter including:

Manage payments, fees and charges

Negotiate your compensation award

(c) Collect and recover money owed to us and to you

Identity

Contact

Financial

Transaction

(e) Marketing and Communications

Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

Identity

Contact

Profile

(d) Marketing and Communications

Performance of a contract with you

Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to take part in a prize draw, competition or complete a survey Identity

Contact

Profile

Usage

(e) Marketing and Communications

Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) Identity

Contact

(c) Technical

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you Identity

Contact

Profile

Usage

Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, marketing, customer relationships and experiences Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about services that may be of interest to you Identity

Contact

Technical

Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased [goods or services] from us [or if you provided us with your details when you entered a competition or registered for a promotion] and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside Thomson Broadbent Wayleaves Limited for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  1. Internal Third Parties as set out in the Glossary.
  2. External Third Parties as set out in the Glossary.
  3. Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. International transfers

We do not transfer your personal data outside the European Economic Area (EEA) other than through the use of cloud data storage facilities that we may use from time to time.

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal

data and whether we can achieve those purposes through other means, and the applicable legal requirements.

  1. Your legal rights

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  1. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

External Third Parties

  1. Service providers
  2. Professional advisers including lawyers, bankers, auditors and insurers.
  3. HM Revenue & Customs, regulators and other authorities based in the United Kingdom [who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Contact Details

Telephone 01536 264101
Email enquiries@thomsonbroadbent.co.uk
Postal Address Unit 2 Brisbane House

Corbygate Business Park

Priors Haw Road

Corby

Northamptonshire

NN17 5JG

United Kingdom