Car damage (drain/pothole) on un-adopted road

Henno

Hi everyone,

I'm just after a little advice if possible.

I work at a small supermarket, and around the back is where we park our cars. The other day my car wheel went down a drain and caused damage to my car. On inspection the metal drain cover had flipped up damaging the underside/side of my car.  Around the drain cover, the concrete is in a terrible state and the whole drain wobbles .

I contacted my local council by reporting it they got back to me saying that it is an un-adopted road and therefore the responsibility of the land owner. 

This land is at the back of 5 busineses in total where we all park our cars. I'm wondering how I would go about making a claim or getting started on this if anyone has ever had anything like this before?  Also i don't want to go through my insurance.

I have clear picturs and dashcam footage of the incident. 

I have details through work for the landlords managing agent (an address, but won't they just ignore a letter?)

Any help is greatly appreciated. Thank you very much in advance for your time. 

AdrianC

So this is where you park normally, but had never noticed the "terrible state" before?

The management agent are exactly the people you need to contact. Whether they accept liability or not is another question. If they don't, your only route forward is a small claim against them - and you may not win that.

Aylesbury_Duck

Contact the landlord and ask for the cost of putting it right.  I suspect they will reject your claim but worth a try.  A few things to consider first though:

Was the hole visible and therefore, were you partly negligent for driving in it?
Has it been reported as a hazard and not fixed in reasonable time?  If it hasn't, the landowner might say they can't fix what they haven't been told about.  What have you done about reporting it or notifying others in the last few days?
Have you actually got permission to park there?  What would you do if your claim results in you being stopped from parking there in future?  If it's private land you are there by invitation, which could easily be withdrawn.
You need to read your insurance terms carefully because this might very well be something you have to declare to them, even if you don't claim through them.

Henno

Thanks for your quick reply.

Yea I park there everyday and I've known there is a drain there but I've never realised how unstable it was until closer inspection once my car was damaged going over it. I'm guessing with cars and lorry's driving over it, it has deteriorated. 

Do I just send a letter explaining what's happened to them, recorded delivery and hope to hear back?  If I don't hear back, what would be the next steps?

Basically I think what I'm asking is what steps do I need to take and what do I need to include in the letter? And is this something that they are liable for or is it a waste of time?

Thanks again

Henno

And thank you Aylesbury, just seen that as I posted.

AdrianC

Henno said:

Yea I park there everyday and I've known there is a drain there but I've never realised how unstable it was until closer inspection once my car was damaged going over it. I'm guessing with cars and lorry's driving over it, it has deteriorated.

And if nobody has realised that, and notified them, they are not likely to be found liable. If it was an adopted road, the council wouldn't be...

Do I just send a letter explaining what's happened to them, recorded delivery and hope to hear back?  If I don't hear back, what would be the next steps?

Yep. Then letter before action, and then small claim.

452

AdrianC said:

Henno said:

Yea I park there everyday and I've known there is a drain there but I've never realised how unstable it was until closer inspection once my car was damaged going over it. I'm guessing with cars and lorry's driving over it, it has deteriorated.

And if nobody has realised that, and notified them, they are not likely to be found liable. If it was an adopted road, the council wouldn't be...

Do I just send a letter explaining what's happened to them, recorded delivery and hope to hear back?  If I don't hear back, what would be the next steps?

Yep. Then letter before action, and then small claim.

Is there anything in legislation stating if and how often a landlord or management company should be checking the condition of the road?

I can see this going down the route of it'll cost £X000's to upgrade to a useable standard so up go the rents or no one is to use it and we'll leave it as is. 

AdrianC

452 said:

AdrianC said:

Henno said:

Yea I park there everyday and I've known there is a drain there but I've never realised how unstable it was until closer inspection once my car was damaged going over it. I'm guessing with cars and lorry's driving over it, it has deteriorated.

And if nobody has realised that, and notified them, they are not likely to be found liable. If it was an adopted road, the council wouldn't be...

Do I just send a letter explaining what's happened to them, recorded delivery and hope to hear back?  If I don't hear back, what would be the next steps?

Yep. Then letter before action, and then small claim.

Is there anything in legislation stating if and how often a landlord or management company should be checking the condition of the road?

I can see this going down the route of it'll cost £X000's to upgrade to a useable standard so up go the rents or no one is to use it and we'll leave it as is. 

Nothing. And, of course, speeds really should be far lower there, too. Any bets on 10mph signage?

And, yep, so can I.

452

AdrianC said:

452 said:

AdrianC said:

Henno said:

Yea I park there everyday and I've known there is a drain there but I've never realised how unstable it was until closer inspection once my car was damaged going over it. I'm guessing with cars and lorry's driving over it, it has deteriorated.

And if nobody has realised that, and notified them, they are not likely to be found liable. If it was an adopted road, the council wouldn't be...

Do I just send a letter explaining what's happened to them, recorded delivery and hope to hear back?  If I don't hear back, what would be the next steps?

Yep. Then letter before action, and then small claim.

Is there anything in legislation stating if and how often a landlord or management company should be checking the condition of the road?

I can see this going down the route of it'll cost £X000's to upgrade to a useable standard so up go the rents or no one is to use it and we'll leave it as is. 

Nothing. And, of course, speeds really should be far lower there, too. Any bets on 10mph signage?

And, yep, so can I.

If it's in such a bad state and there is no legislation they must adhere to my bet is they've not spent money on the signs.

A 10 mph sign isn't enforceable and if anything would be an indication they know the road is in !!!!!! order. 

Henno

No milage signs and my dash cam says I was doing 6 mph

452

Henno said:

No milage signs and my sat nav says I was doing 6 mph

Still too fast so that won't help at all.