Can Eir replace telephone pole in our garden?

Well I got a very curt email response from Eir saying that under the Telegraph Act of 1863 they have a statutory right to access our garden and do what they like with the pole. I raised the Communication Regulation Act of 2002 but received another curt response that a replacement pole is nothing like a new pole and therefore again reiterating that they can do what they want.

It just reaffirms my intense dislike of Eir as a company with a lack of customer service skills.
I think the mistake you made is in emailing them. As per the advice from Leper below, you're much better contacting the people who will actually be carrying out the work. It's not too late - when Eir send people out to replace the pole try approaching them to discuss what if anything can be done in terms of moving it. I had previous experience with Eir regarding moving how their cables accessed our house and once I got a name and was able to speak directly to the engineer who would be doing the work, he was very obliging and understanding.

So contact your nearest Eircom Depot and speak to the people involved. I bet you'll have a successful outcome. Incidentally, no point in contacting the Eircom Call Centre people; deal only with the decision makers.
 
We rang the local depot initially but they said all queries relating to poles had to be emailed to the plant alterarion team. They wouldn't give us any number to speak with someone. Unfortunately the technician who called to the house spoke with an elderly family member and didn't leave any contact details.
 
We rang the local depot initially but they said all queries relating to poles had to be emailed to the plant alterarion team. They wouldn't give us any number to speak with someone. Unfortunately the technician who called to the house spoke with an elderly family member and didn't leave any contact details.
Without conviction, I reckon the reason you could not be given a name is because Eir employs agencies to carry out this kind of work when their own technicians are not available. Some of these agencies have "HQ's" not in the area where you live. But, unlike most call centres (or is it call centers now?) technicians appear to take some pride in their work. Keep trying and I am sure that your will have a successful outcome.
 
Well I got a very curt email response from Eir saying that under the Telegraph Act of 1863 they have a statutory right to access our garden and do what they like with the pole. I raised the Communication Regulation Act of 2002 but received another curt response that a replacement pole is nothing like a new pole and therefore again reiterating that they can do what they want.

It just reaffirms my intense dislike of Eir as a company with a lack of customer service skills.
I'm no fan of Eir myself but looks like they are correct here. Informing you is essentially a courtesy. It's right that a single property owner can't hold their neighbours' essential service hostage.
 
Well I got a very curt email response from Eir saying that under the Telegraph Act of 1863 they have a statutory right to access our garden and do what they like with the pole. I raised the Communication Regulation Act of 2002 but received another curt response that a replacement pole is nothing like a new pole and therefore again reiterating that they can do what they want.

It just reaffirms my intense dislike of Eir as a company with a lack of customer service skills.
I doubt it was a "curt" reply. More a matter of fact reply.

However for raising the 2002 act, it probably was a curt reply as exactly as they said, a replacement is exactly that - a replacement.

The only way around these things is to look from a different angle - small garden, takes up a lot of space in that it's difficult to use that section for anything. Or something similar.

But if you are arguing a legal aspect with a company doing this day in and day out, you would need to be 100% certain of the correct understanding of what you are arguing.

Btw I have an eircom pole in the garden. I have some shrubs around it that have grown nicely and I barely see the pole.
 
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