Pothole claims guide discussion

ilsmackay

How should I react to a 72 page "Street History" Report in which every single date has been redacted and no indication of any repair work is given, although defects have been noted?

ericthered1

I would understand removing any personal information but not dates and other details that have been removed. Check what they do provide under FOI Act and request again.

Philycheesesteak

My claim was rejected because they say they inspected it 6 months prior and no one had reported the pothole, therefore they relied on the "we didn't know about it so how could we fix it method". I can't see any point to continue pressing for the £60 new tire in all honesty but I have flooded the council with pothole spots on their website.

ericthered1

I see your point about £60. But when it’s expensive tyres, suspension repairs etc it can run into £100s or even 4 figures. IMO that’s worth claiming for. 

Councils do claim that they need to know because their inspection only picks up defects the day of the check. 

It’s up to me to convince the court otherwise!

AsafPanarin

I have been told to redirect my claim to the utility company, as the pothole was caused by a burst water main. Any experience of this?

PeterPatto

I hit a pothole on 2nd Feb this year and the council has refused after a review. I measured the depth as around 70mm and their contractor as 40mm - rather convenient as I believe over 40mm brings it in a Cat 1 repair (it was 600mm long x 400mm wide).
Another driver reported the pothole on 1st Feb, but here's where I feel the council has been negligent and would be interested in getting some feedback. My FOI request showed that they inspected the road on 28th Jan i.e. four days prior to the other car hitting it. How could they have missed such a large pothole? There was no paint around it or other markings. They argue it could have degraded in that time. I have checked the weather and it did not dip below freezing in that timeframe and was relatively dry.
I suspect it's the subcontractor that would eventually foot the bill as they failed to spot it but is this a good enough argument for a successful claim? Is this worth pursuing?
I needed a new wheel and tyre as well as a tow on a flatbed so am £2,400 out of pocket.

ericthered1

See my earlier comment. I did small claims court and won. On the bases of the road couldnt have degraded within days of an inspection. Keep pushing and claim via small claims