A company and a subcontractor who installed an automated gate which caused ‘life-changing’ injuries to a homeowner have been fined following a prosecution by Kent Trading Standards.
The automated sliding gate was installed at a family home in January 2020 by Pallet Handling Penshurst Limited (PHPL), which originally traded as Chase Fencing of Tonbridge, and its subcontractor Derek Havill, of Harris Road, Sheerness.
The gate failed to operate properly from the outset, often jamming and closing on vehicles. Despite attempts by the defendants to fix the issues, in 2021 the mechanism failed once more. This time the gate, which weighed more than 400kg, travelled beyond its supports and fell to the ground. The defendants where called back and replaced the broken parts but did not investigate or resolve the underlying issues.
In 2022 the gate malfunctioned again, coming free of its housing and crushing the homeowner, who sustained serious injuries that will affect them for the rest of their life.
Kent Trading Standards launched an investigation and a subsequent prosecution, and in December 2024 PHPL and Derek Havill admitted to charges under the Supply of Machinery (Safety) Regulations 2008. Havill and Alan Coulstock, director of Chase Fencing at the time of the incident, attended Sevenoaks Magistrates Court on 1 April and then Maidstone Magistrates Court the following day for sentencing.
PHPL was fined £30,000 and ordered to pay £14,000 in costs. Havill was sentenced to 200 hours of community service and ordered to pay £3,600 in costs.
James Whiddett, Operations Manager for Kent Trading Standards, said: “This upsetting case highlights the severe consequences when safety regulations are not followed and machinery, like a substantial automated gate, is not made and supplied correctly.
“Our investigation revealed multiple issues and therefore risk factors with the gate. Despite the defendants attending on several occasions to deal with repeated malfunctions, they failed to address the problems, which led to the distressing incident in 2022.
“Automated gates must be designed and installed with rigorous safety measures to prevent accidents and harm to those who use them. Failure to provide adequate safety devices, including adequate end stops, combined with neglecting to conduct the necessary installation procedures and supply appropriate instructions for use can lead to catastrophic outcomes, as seen in this case.
“This prosecution highlights the obligations of companies and installers to ensure all mechanised installations are safe for consumer use. Disregarding these responsibilities can expose consumers to the risk of serious harm. Kent Trading Standards remains committed to enforcing the legislation at its disposal to safeguard Kent residents.”
