Pothole claim - inspection outside timescale

cricketfan89

So.…...I wonder if you guys could offer any advice where I stand on this one.

I hit a pothole on date X causing 2 damaged tyres. Claim made to council immediately.

Council review the claim and deny using the statutory defence of routine maintenance, saying that the road is inspected quarterly and there were no reports regarding this particular pothole between the date of last inspection and the date of my claim.

All very well and good, however the date of last inspection is 3 months and 1 day before my incident, meaning the road has not been inspected as per their schedule. If the road was inspected as per their schedule then the pothole would have been at least marked (if not repaired) the day before I hit it.

I've gone back to the council and asked them to reconsider but just wondering where I stand with this and if I'm likely to be able to make a successful small claim.

I wouldn't normally bother but the tyres for my car are about £200 a pop!!

Thanks :beer:

Nearly_Old

cricketfan89 wrote: »

So.…...I wonder if you guys could offer any advice where I stand on this one.

I hit a pothole on date X causing 2 damaged tyres. Claim made to council immediately.

Council review the claim and deny using the statutory defence of routine maintenance, saying that the road is inspected quarterly and there were no reports regarding this particular pothole between the date of last inspection and the date of my claim.

All very well and good, however the date of last inspection is 3 months and 1 day before my incident, meaning the road has not been inspected as per their schedule. If the road was inspected as per their schedule then the pothole would have been at least marked (if not repaired) the day before I hit it.

I've gone back to the council and asked them to reconsider but just wondering where I stand with this and if I'm likely to be able to make a successful small claim.

I wouldn't normally bother but the tyres for my car are about £200 a pop!!

Thanks :beer:

Inspected quaterly does not necessarily mean at 3 monthly intervals.


As a somewhat extreme example a road that was inspected on 21 January (Quarter 1) and then again on 21 June (Quarter 2) has been inspected quarterly even though the inspections were 5 months apart.

Dean000000

Whenever I see a pothole in a road (cos I’m looking) I normally drive around it.

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