Council taking me to court over pothole claim

waamo

Just to dot I's where did you address the court papers, was it the council offices?

Djnixlover

@agrinall Thanks I've had a really quick speed read through-am I right in thinking I would struggle because the amount owed is under £600 ?

Djnixlover

@waamo I'm unsure without looking (it was some weeks ago now) - I used the details provided by the insurance company though of where to address the claim

waamo

Djnixlover wrote: »

@agrinall Thanks I've had a really quick speed read through-am I right in thinking I would struggle because the amount owed is under £600 ?

That just means you have to use bailiffs rather than (the usually more effective) HCEO.

A bailiff won't have any problems collecting from a council.

AdrianC

Djnixlover wrote: »

Seems kind of unfair the council would be trying to lock me up for unpaid council tax or a parking fine and they can just get away with stuff like this!

Woah, hold on... We haven't actually established they were liable for the claim... Nothing you've said about the original claim makes it a dead cert.

The only reason you've won is that they were too slow in lodging a defence.

waamo

Djnixlover wrote: »

@waamo I'm unsure without looking (it was some weeks ago now) - I used the details provided by the insurance company though of where to address the claim

If they instructed you that they claim should be addressed to them then you have behaved reasonably.

I would object to any set aside application on the grounds the claim was issued correctly as per their instructions. It is entirely their fault it was ignored and they are wasting the courts time with a spurious application that is without merit.

Djnixlover

@AdrianC Of course you are perfectly entitled to your own opinion. I beg to differ for the reasons I've outlined -primarily acknowledgment of the holes existence. It is extremely frustrating!

AdrianC

Djnixlover wrote: »

Of course you are perfectly entitled to your own opinion. I beg to differ for the reasons I've outlined -primarily acknowledgment of the holes existence. It is extremely frustrating!

This isn't about my opinion. Or yours. Or even the council's.
It isn't about what they may or may not have told you or other people by phone.
It isn't about whether they knew about it or not.
It's only about the timescales outlined in legislation, and absolutely nothing else. And they differ for different classes of road.

If the council can show the timescales were not exceeded for inspection and then repair, they do not owe you one penny.

Or, rather, they wouldn't have if they'd extracted digit and lodged a defence.

Djnixlover

Thanks everybody for all the advice. It is greatly appreciated.

sevenhills

waamo wrote: »

If they instructed you that they claim should be addressed to them then you have behaved reasonably.

The council set aside may well be justified, can Djnixlover check the details where the papers were sent?