Pothole claims guide discussion

Tilt

holkins wrote: »

Had my claim for a new tyre rejected twice now so considering ssc. Council are defending they were not aware of the defect, despite the pothole being painted around, which had deteriorated and the pot hole had expanded past the White lines. According to them it was last inspected in October, my damage was in February. (It's meant to get 6 monthly checks)

I've said to them just because you have no records, does not make you not liable as j have photographic, time/date stamped evidence that the defect had been identified for repair by way of the White lines, so either it was identified in October -and not fixed, or your records are incomplete and it was inspected between when the lines were painted. Still they deny liability.

With this evidence, how likely will I succeed at small claims court?

Surely if there has been white lines painted around it, they cannot successfully use the defence that they weren't aware of it?

holkins

Apparently they were not aware of it, and I have no proof it was their contractors who painted the box. I'm asking less than £60 for a tyre, and they said basically take us to small claims court. I've contacted my MP and local councillor as I don't believe that defending this in court is the best use of public money.

I wish I could post a photo on here!

Sharon1991

Advise would be welcome. I had two punctures due to a pothole, the council have rejected my claim relying on Section 58. They refuse to acknowledge the hole has been their for over a year or that the back filled it, suggesting either it appeared overnight or someone other than the council did the temporary repair. They have provided a maintenance report but state non of the repairs are for the same hole and their inspectors would not have missed it. I use the road daily, it has been their for well over the 12 months they say the road warrants inspection and it was defiantly back filled last year. If I had known the public are responsible for reporting holes I would have done so. Basically now its my word against theirs, is there anything more I can do other than time travel!

Tangoqueen7

Successful claim - just received £340 from local authority which covered 100% of my claim for tyre/wheel damage. Followed the guide and payment received within approx 10 weeks. Thank you

Crabman

Deleted_User wrote: »

I bet this was not West Berkshire Council I have been trying to get £150 out of them for 3 months now, been to C.A.B. to the local newspaper the local MP and small claims court and nothing, I have admitted defect now as WBC solicitors have threatened me with costs if I lose.

You can't be awarded costs if you lose in the small claims court over a £150 claim for pothole damage. If that's what they said, then it seems they lied and you can therefore report the solicitor(s) who made the claim:

http://www.lawsociety.org.uk/get-in-touch/complaints/

http://www.sra.org.uk/consumers/problems/report-solicitor.page

AliceBanned

I have received policy and details of inspections from my county council further to pothole damage (blow-out and damaged alloy).


They will not pay out the £160 I requested. Yes on paper they say they have inspected 'from a slow moving vehicle' and that potholes deeper than 50mm and greater width than 300mm will be repaired within 24 hours - but in reality there are several potholes that size there being ignored and it is an 'A' road.


I suppose I have to go to the small claims court?

cueball4life

Can I point out that a 20p piece is 1.7mm thick so 2 x 20p pieces will be 3.4mm thick. You would need to stack 11 20p pieces on top to guage a 40mm pot hole not 2!

MICKLEMUS

I have a serious claim against Wrexham County Council who employ Gallagher Bassett to do their dirty work ie. refute any claim on their behalf. This arrangement is same re many councils and it is stated that claims cost have gone down re handling of cases by that firm. No wonder as they tell any claimant in so many words to get stuffed. Having evidence against the council is not enough even if the evidence is damning.
The A539 near Penley / Overton is the road and I did not realize the road surface was so bad till my boat trailer was ripped off the car in May this year. The locals say the road has been a hazzard since the winter which the council of course deny. I fully expected to have to resort to the small claims court after reading the first fob off letter from Gallagher Bassett which the writer does not sign therefore according to a solicitor the letter it is not a legal instrument. The letter is worth zero but what I would like to know is who the writ should be sent to the Council or Gallagher Bassett. Of course when an intermediary is involved this makes hard work of all corespondance and in any case these companies are employed to fob anyone off if they dare to make any claim. It would be usual to give up but no way will I do that because as my solicitor says if they tell lies and you destroy their case by factual evidence the judge must 'find' the case proven for the plaintive.
However is the system rigged as per the speeding fine situation where it is on the whole futile to defend a speeding fine ?:mad:

Former_MSE_Megan_F

Hi cueball4life,

The 20p guide was meant if the coins were balanced on top of each other. I have taken out "stacked" which hopefully makes it clearer.

Thanks for the feedback,

Megan

jllor2068

Hi. In November 2015 I fractured my ankle in a pothole on the pavement outside my partners flat. After many months of gathering evidence of negligence including Google maps photo of the exact same hole in 2012 being there my solicitor told me I didn't have a claim because the council did an in section in September 2015 and there was no evidence of repair required. The report stated that it was very heavy rain and apparently they are under no obligation to leave the van to inspect. I have asked no win no fee companies since but they won't take on my case now it got that far. I find it hard to believe that with a photo of it being there they still deny that they had an obligation to repair it.
Good luck with your issue x