Can I sue my Council..?

[Deleted User]

My local council have decided to go against public feelings/ Government advice and added MORE speed humps around my area
They have put cushion type ones in a road with a 40mph limit without any warning signs
The humps cannot be driven over at more than 5 mph without a rubbing noise from the underside iof my car
Is there any precident where someone has successfully sued their council for damage to their car?? 

ElefantEd

You can sue your council, or anyone else, but you probably won't win.

Sandtree

You cannot sue yourself but other than that you can sue any person (natural or incorporated) you want but will be picking up the bill if you dont win or dont follow appropriate process.

I believe the rules on speed bumps are in https://www.legislation.gov.uk/uksi/1999/1025/regulation/4/made 

If they aren't of the legal size then you have a case, if they are within the limits and its just you want to drive faster in that area you may as well donate the legal fees to charity than waste your time.

facade

If the humps don't meet the requirements in The Highways (Road Humps) Regulations 1999 then you might have something to go on, but there is no requirement to maintain a ground clearance under a vehicle, it is the driver's fault for not simply buying an off-roader with air suspension in the first place (like anyone with any sense)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/918429/ltn-1-07_Traffic-calming-guidance.pdf

https://www.legislation.gov.uk/uksi/1999/1025/regulation/4/made

If the humps are those nail to the floor pre-made ones, they are factory made and will be compliant, I've had the measuring sticks to the ones round here- (proper spine-breakers they are) and they match the regs

EDIT:

I read your post again, and you say there is no signage. There should be prescribed signage, but I've no idea what it is (possibly a "traffic calming" sign 5 miles away is sufficient), check The Traffic Signs Regulations and General Directions 2016, you have to wade through it though.

https://www.legislation.gov.uk/uksi/2016/362/contents/made

Herzlos

Unless they are hidden somehow, then you'd have a hard time proving they were negligent.

There should be some regulations about having speed limiters in effect that can't be used at the speed limit of the road they are on, but I don't believe there is.

facade

Herzlos said:

There should be some regulations about having speed limiters in effect that can't be used at the speed limit of the road they are on, but I don't believe there is.

Actually, I don't think they can put speed humps on a 40mph road, but I can't find where the regulations state that.

[Deleted User]

facade said:

Herzlos said:

There should be some regulations about having speed limiters in effect that can't be used at the speed limit of the road they are on, but I don't believe there is.

Actually, I don't think they can put speed humps on a 40mph road, but I can't find where the regulations state that.

Not can I - this appears to be a vague area of law 

[Deleted User]

delete 123

peter_the_piper

https://www.bathnes.gov.uk/services/streets-and-highway-maintenance/road-safety/speed-humps      at least restrict theirs to 30mph or less.

born_again

Deleted_User said:

My local council have decided to go against public feelings/ Government advice and added MORE speed humps around my area
They have put cushion type ones in a road with a 40mph limit without any warning signs
The humps cannot be driven over at more than 5 mph without a rubbing noise from the underside iof my car
Is there any precident where someone has successfully sued their council for damage to their car?? 

What car & modifications have you done? 

KimJongUn88

What is your loss?