Accident debris clearance bill

meli89

Hi everyone,

My partner was involved in a crash driving a car that was registered in my name on 21st July 2013. The car was subsequently written off after the accident and quite badly damaged (broken windscreen etc).

However a couple a weeks ago (11th April 2014), nearly 9 months after the accident, I received a letter from Devon County Council for a fine of £104.79 because of accident debris on the road which they say "the council, as Highway Authority, was required to attend and clear this from the highway". They cite the Highways Act 1980 Sections 41 and 130.

The letter says they want this paying within 30 days but no mention of the fine going up if this is exceeded.

I'm writing on here as I'm wondering if anyone on MSE has any knowledge that the council can issue fines like this as I can't find any information online about it.

Thanks

meli89

Just noticed this is in the parking forum. Can a mod move it in to the motoring forum please as I think it's more appropriate there?
Thanks

forgotmyname

Just pass the bill onto your insurer.

I hope you reported it to your insurance. If not you may want to pay it.

Hot_Bring

I'm not aware that the act they quote allows them to claim those costs.

I'd go back and ask them to provide evidence that the debris was from your vehicle.

Redx

I remember seeing a programme on tv not that long ago where it was mentioned about these bills for repairs to the highways , cleaning up after accidents etc

the bill goes to the RK and they pass onto the insurer , thats what I remember, it was a surprise to me too as I had no knowledge about this either, but I believe they can do so yes

example http://www.bbc.co.uk/news/uk-19833237 , something like that in the link so a couple of years ago or more when it may have started

and here http://forums.pepipoo.com/lofiversion/index.php/t73697.html

or this thread from last year https://forums.moneysavingexpert.com/discussion/4670749

meli89

Thanks Hot Bring, that is a valid point, will point that out in the letter we are writing to them.

It may also be worth mentioning the wording in the letter is quite strange as it says "I should be obliged if you could kindly settle the amount due within 30 days of this letter" and as I said earlier, no mention of it going up.

This almost sounds to me as if they are asking for a donation or trying to guilt the recipient in to paying. The letter also does not mention the words "fine" or anything like that just the highways act number and sections.

meli89

RedX the accident happened on an A road (A3121) so not sure if that is relevant?

Redx

its an invoice (a bill) , not a fine

only a court or a judge can fine you and you have done nothing illegal so cannot be fined for doing so

so its an invoice for the damage repairs or clean up or whatever it states

check the links I gave you , more info in there

be it a road or motorway , its still a public highway and somebody is responsible for cleanups or damage repairs , be it highways agency or council or a contractor

Half_way

Needs moving to the general motoring forum, but

be it a road or motorway , its still a public highway and somebody is responsible for cleanups or damage repairs , be it highways agency or council or a contractor

Isnt that what we pay our taxes for? or will we soon be charged for general wear and tear charges on top of everything else?

meli89

Half_way wrote: »

Needs moving to the general motoring forum, but

Isnt that what we pay our taxes for? or will we soon be charged for general wear and tear charges on top of everything else?

Thanks Half_Way, we have thought this too..

Redx

Half_way wrote: »

Needs moving to the general motoring forum, but

Isnt that what we pay our taxes for? or will we soon be charged for general wear and tear charges on top of everything else?

take that up with your MP etc , not me

all I am saying is that this was raised some time ago on tv and in the news and as the OP is asking about it I am making the point that I have seen it mentioned in various places on the internet , newspapers and the web over the last few years so its nothing new, but I suspect due to the austerity measures they are becoming more aggressive in chasing up the money they spend on this using the existing laws

if they can do it , they will, so its pointless saying they havemt done it before, we had that argument with PE last year , but clearly its happening so no point burying ones head in the sand

as to where the OP got the idea its a fine , that is beyond me completely as no legal process was involved and it wont say the word FINE anywhere on the paperwork (for clarity , its an invoice)