Any Legal bods on the forum?

M

Montjeu

Member
Hey,

I made a compo claim to the council. Hit a pot hole on the 10/03 and damaged my rear alloy.

They are claiming damage was noted 07/02 but not deemed dangerous and placed on planned works.

Would you have it, inspected 11/03, deemed dangerous and repaired 12/03. Very convenient!

They say inspections are carried out monthly. And exact words 'The defect was noted and placed for repairs as appropriate'

Compensation denied.

Is this worth pursuing legally?

Thanks
 
So they saw it needed repairing but by their own admission left it until it got in a dangerous state to do anything about it. Id say have a word with your elected representative (local councillor) first. The councillors are the roadwork department's bosses, so may get this reversed. Mention words like 'local paper are interested in the story' and see what happens. Oh, and this is free.
 
Talksthetorque said:
So they saw it needed repairing but by their own admission left it until it got in a dangerous state to do anything about it. Id say have a word with your elected representative (local councillor) first. The councillors are the roadwork department's bosses, so may get this reversed. Mention words like 'local paper are interested in the story' and see what happens. Oh, and this is free.
Click to expand...

Apparently they wait until the hole is 5-6 cm deep (and starts wrecking peoples cars) before it's deemed worthy of repair. Have they ever heard of a false economy :headbang:

I'd at least argue some warning signage should be in place once they are aware of potholes on the road.
 
I'm no expert but ask them what classification of repair had been assigned. They have a legal obligation to repair certain classifications in x number of days. I wouldn't hesitate to challenge this and if it's any help I've found the merest mention of court can make them change their mind :evil:
 
Went through this process last year and ended up giving up :headbang:

My wife swerved to avoid about 10 potholes scattered all down the driving line and scuffed a wheel on her Golf on the kerb (rather than hit an oncoming car) The holes were craters.

Like you went through the lengthy process of taking all the photos, depth measurements, sending the claim with proofs of driving license, V5 and insurance etc. a real hassle but I thought I had a cast iron case.

5 months later get the same response you got claiming the road was inspected earlier in the year and a couple of weeks after the holes suddenly got fixed.....

It's a disgrace. If you manage to get it overturned I'd love to know how. I think it's quite telling that this is one band wagon the parasite no win no fee lawyers are not jumping on....
 
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