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Amey, Gallagher Bassett potehole refusal

Back in 2016. I drove down a street hit a pothole which put a kink in both off side wheels resulting in the tyres going down.

I reported the pothole to thew council and the lady asked if I wanted to make a claim for damages. I did that and sent all the required information that was asked of me.

They responded a year later after chasing them with "that pothole was not there when they did their 6 monthly inspections" (4 months from the inspection to me reporting the pothole), but the FOI says they don't check the whole road. So I wrote back explaining this and today they have responded the same excuse and claim they are not liable.


I cannot post the pic due to being a new member, (Is there a way to?) but the pothole was just over a foot long and 3 inches deep.



Is it worth me taking this to small courts?

Is there someone I can go to for advice on Merseyside?

Thanks.

Comments

  • Ectophile
    Ectophile Posts: 8,407 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    You might win, or you might not. You will only win if the council were negligent. That would mean that either:
    • They never bother to inspect their roads, or
    • Someone had previously reported the pothole, but the council did nothing about it.
    If you're keen, you could do a Freedom of Information request to see if either of those applies.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
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