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Pothole Claim - Rejected (Section 58)

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Kieron26
Kieron26 Posts: 52 Forumite
Part of the Furniture 10 Posts Combo Breaker
Hi there,

I went over a pothole that damaged my wheel, tyre and alignment, I was even in the local paper:

https://www.miltonkeynes.co.uk/news/is-this-the-most-notorious-pothole-in-milton-keynes-1-8405407

I need some advice please on how I can fight this decision as I strongly believe it is unfair.

I reported a pothole on a roundabout next to my estate on 2 February 2018 and received the below emails in relation to this.

42313493682_29d4c0bcda_b.jpg

A few weeks later on 24th Feb I had no option to drive over it as I had a car on my right and I was on the outside lane of the roundabout so could not avoid it.

I got a loud bang noise and then steering was pulling to the left, I went off the roundabout and pulled into the Shell garage that was just off the roundabout and tried to re-inflate the tyre but it wasn't going over 8 - 9psi.

Luckily my house is round the corner (about 0.5 mile) so I went home slowly and put the spare on, I sent the claim form in on the 26th February. Out of the frustration as I was told by the council it is safe and no further action will be taken I logged it again especially after what it had done to my vehicle.

I then waited 90 days for them to process the claim (25th May) where I received this letter:

40554876230_1989f8f2b9_b.jpg

Along with this report:

https://drive.google.com/file/d/1lfBGj1xsGyvre1Yk1vveRfk3SoJz1Ku6/view?usp=sharing

I called them and they said no one else had reported it but in the report there are other complaints.

I want to fight this as I feel it is very unfair, but can;t afford a solicitor and don;t know much about the law and what I can do.

Any help would be appreciated very much as I am not working due to being ill and awaiting an operation and can;t afford to loose this £500 - £600.

Thank you in advance for those that can offer some help.
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Comments

  • debtdebt
    debtdebt Posts: 949 Forumite
    How has this cost you £500/£600? It sounded like all you suffered was a damaged tyre.

    Yes, the council have a statutory defence under the Highways Act. If they have a regular system of inspection and it has been adhered to, they can rely on that defence.

    I you have no money to hire a solicitor (who probably won't win the case for you anyway), and don't know the law to represent yourself, just leave it. There's not much more you can do is there.
  • Kieron26
    Kieron26 Posts: 52 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    My car has 18" Penta Alloys which has a flat spot now, £384 for a new wheel, New Headlight bulb that went out £8, Tyre was about £60 and then I had wheel alignment done, I also have a leaky shock absorber due to it which I have not yet had the funds to get replaced after replacing them only about 3 month before the incident happened.
  • wgl2014
    wgl2014 Posts: 1,144 Forumite
    I would suggest taking that report down and editing it to remove your personal details.
  • Head_The_Ball
    Head_The_Ball Posts: 4,067 Forumite
    edited 26 May 2018 at 4:37PM
    Kieron26 wrote: »
    ..I reported a pothole on a roundabout next to my estate on 2 February 2018 and received the below emails in relation to this.

    A few weeks later on 24th Feb I had no option to drive over it as I had a car on my right and I was on the outside lane of the roundabout so could not avoid it....
    I don't wish to add to your woes but did you really have no other option?

    You knew it was there so it could be argued that you should not have put yourself in a position where you couldn't avoid it. That is probably an argument that the council's lawyer will pursue if you take them to court.

    Was it so wide that you couldn't steer around it while avoiding adjacent traffic or drive over it so that it was between your wheels?

    I don't know the area or the traffic conditions but could you have waited until the inside lane was clear?

    Could you have driven slowly enough that it wouldn't do any damage?

    Locally we have a few as yet unfixed large potholes that I know to avoid.
  • ConMan
    ConMan Posts: 108 Forumite
    I don't wish to add to your woes but did you really have no other option?

    You knew it was there so it could be argued that you should not have put yourself in a position where you couldn't avoid it. That is probably an argument that the council's lawyer will pursue if you take them to court.

    Was it so wide that you couldn't steer around it while avoiding adjacent traffic or drive over it so that it was between your wheels?

    I don't know the area or the traffic conditions but could you have waited until the inside lane was clear?

    Could you have driven slowly enough that it wouldn't do any damage?

    Locally we have a few as yet unfixed large potholes that I know to avoid.

    I'd be using this as my defence if I was the council/insurer.
    You'll find me sat in the corner with a pack of dry roasted and a Guinness.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 May 2018 at 7:30AM
    Astounding. You know the hole was there yet ploughed on into it.
    As stated,inspected on monthly inspection. it was inspected on the 6th,so the next inspection wasnt due.
    You hit it 22 days after reporting,despite knowing the risk.
  • System
    System Posts: 178,343 Community Admin
    10,000 Posts Photogenic Name Dropper
    Kieron26 wrote: »
    A few weeks later on 24th Feb I had no option to drive over it as I had a car on my right and I was on the outside lane of the roundabout so could not avoid it.
    Middle pedal, press it and car comes to a stop. Car on right is no longer there, turn steering wheel, drive round pothole.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • [Deleted User]
    [Deleted User] Posts: 7,175 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Sorry can't read your newspaper article as it wants me to remove my ad blocker.
  • Muscle750
    Muscle750 Posts: 1,075 Forumite
    Plus if its got a marker round it like white paint etc you havent got a chance .
  • Kieron26
    Kieron26 Posts: 52 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 31 May 2018 at 11:12AM
    Pretty dangerous to stop on a roundabout in MIlton Keynes and there was no markers around it either. Also within 8 days of receiving my claim form the pothole was considered bad enough to need priority repairs within 24 hrs?
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