Pot Hole Claim East Sussex

Evening all, I'm not if this has been asked before, although I certainly believe it would have been.

POT HOLES! 

On September 22nd 2023, we were driving home from an evening meal with friends. 
We unfortunately hit a pot hole, which cracked my alloy wheel, meaning we needed a call out new alloys new engine mounts etc. We called this pot hole in to ESH whilst waiting for recovery.

Submitted our claim a few weeks later at almost £1700 cost to me. 

ESH then waited the full 90 days they give themselves to respond with a letter rejecting the claim because they say they didn't know about the pot hole, and in the same letter admitting that they were monitoring the pot hole. SO THEY DID KNOW ABOUT THE POT HOLE. Which would say to us that they are liable for my claim. Again, whilst we were waiting for recovery I had checked on a website called fixmystreet.com if this pothole had been reported, and it HAD. 

Going onto the ESH highways report an issue page - they SUGGEST TO USE THIS TOOL! 
"You can also report defects to us using the FixMyStreet tool, which can be downloaded using these links"


After I received the rejection letter on 5th of Jan, I checked out the MSE website and it advises to ask via an FOI request, which I did on the 9th of Jan, of which legally they have 20 days to respond to. Nothing. 

Following this I have since gone back to them with an official follow up to my initial rejection letter, re issued the FOI request and then have included the letter which requests they do an internal investigation which I now believe they have 40 days to follow this back up if this isn't followed up then I will be going to the information commissioner as a next step. 

Since I had waited 10 working days for an acknowledgement of my rejection letter, FOI, and Internal Investigation request and still nothing on Monday I called them, and spoke with a young lady who said she would pass my details onto her colleague in claims/insurance department and get them to follow up. Still nothing. 

It's now Thursday of that same week, I've called again and asked when I will get a response to my email. I will pass your call over and I will email you with an update. Still no email. 


I've also in the meantime, contacted and spoken with BBC South East today, I have contacted my local MP on the state of the roads, the lack of response and if she thinks that this is suitable. So I am waiting to hear back from her also. 

Has anyone been in this situation where they rejected your claim and then ignored you? 
Has anyone been rejected fought their case and had a postive outcome? 

What would you do next in this situation? How often do I call them and ask for an update? 

Let me know your thoughts and your experiences. I will update this thread when I hear back from them again. 

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