Pothole claim when already sprayed on road to repair ?

Pothole claim when already sprayed on road to repair ?

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Discussion

anonymous-user

Original Poster:

53 months

Thursday 19th January 2017
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[redacted]

kiethton

13,883 posts

179 months

Thursday 19th January 2017
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Potentially - I successfully claimed for a sprayed one when I buckled a Scirocco turbine alloy.

It did help that through a bit of digging (fix my street and a load of others) I saw it had been marked over a year previously and not fixed...

TooMany2cvs

29,008 posts

125 months

Thursday 19th January 2017
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anonymous said:
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How long since they became aware of it...?

anonymous-user

Original Poster:

53 months

Thursday 19th January 2017
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anonymous said:
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Maybe they sprayed the road to inform 'observant' motorists of the potholes getmecoat sorry

anth7714

30 posts

91 months

Thursday 19th January 2017
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I claimed a few years ago for a buckled wheel after hitting a section of road that had been dug up but then not filled correctly - just make sure you take lots of photos before its repaired as mine went on for a couple of months and road was well repaired before they agreed to cover the cost of the wheel

SVTRick

3,633 posts

194 months

Friday 20th January 2017
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anonymous said:
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Maye we need a "wksey" to go round and mark them up

PAULJ5555

3,554 posts

175 months

Friday 20th January 2017
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SVTRick said:
Maye we need a "wksey" to go round and mark them up
hehe

General Fluff

478 posts

136 months

Friday 20th January 2017
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Very little chance. They've inspected the road, identified a problem and were in the process of sorting it out.

You normally only have a chance if you can demonstrate they hadn't checked the road in accordance with the national guidelines.

fat80b

2,242 posts

220 months

Friday 20th January 2017
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anonymous said:
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Is this not a perfect example of the com pen say shun culture.

You drove through a chuffin big highlighted pothole and you want someone else to pay for your driving mistake - i.e We the Taxpayer.

One has to wonder what the cost to the council would be to respond to a claim, consult an in house lawyer and process a payment - Probably 10x the cost of repairing the wheel.

Meanwhile on another thread people are complaining about council tax rises.

Bob

vxr8mate

1,654 posts

188 months

Friday 20th January 2017
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"You drove through a chuffin big highlighted pothole and you want someone else to pay for your driving mistake"

What's he supposed to do, there was a wagon approaching!

We all pay enough to keep the roads in some sort of condition that allows us to drive on them without damaging our cars, so yes, the council should pay up, or if not them someone else.

kiethton

13,883 posts

179 months

Friday 20th January 2017
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General Fluff said:
Very little chance. They've inspected the road, identified a problem and were in the process of sorting it out.

You normally only have a chance if you can demonstrate they hadn't checked the road in accordance with the national guidelines.
Not necessarily, if they've inspected the road and identified the problems they also have to fix the issue within a certain time period (depends on the category of road), not doing so is negligence that can be claimed against

General Fluff

478 posts

136 months

Friday 20th January 2017
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kiethton said:
Not necessarily, if they've inspected the road and identified the problems they also have to fix the issue within a certain time period (depends on the category of road), not doing so is negligence that can be claimed against
True, that's why I said very little chance rather than no chance at all. So you'd have to demonstrate that they left it too long, after working out what too long means. It's unlikely they have though.

vxr8mate

1,654 posts

188 months

Friday 20th January 2017
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kiethton said:
Not necessarily, if they've inspected the road and identified the problems they also have to fix the issue within a certain time period (depends on the category of road), not doing so is negligence that can be claimed against
I dare say 'negligence' can be viewed in a number of ways, say as a hole in a road that gets bigger and bigger, eventually becoming such a size to potentially cause damage to a road vehicle. That sounds like negligence to me.


Mammasaid

3,776 posts

96 months

Friday 20th January 2017
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Check Fix My Street to see if it's been reported previously, if not you'll probably have to go for a FOI request.

BigMon

4,155 posts

128 months

Friday 20th January 2017
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I had the same thing a couple of years ago. Hit a large pothole on an unlit stretch of country road and burst a tyre (costing over £200 to replace) on my wife's car.

It turned out two of my work colleagues had done the same on the same pothole (so christ knows how many it claimed). One of them buckled his steel wheel.

They too were 'marked for repair' and, after I'd spent ages filling out the bumper funpack of documents they required and sending in all evidence, the council solicitor basically told me to fk off and more or less said 'try taking us to court but you'll lose'.

Piss kettle was steaming after that.

vxr8mate

1,654 posts

188 months

Friday 20th January 2017
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BigMon said:
I had the same thing a couple of years ago. Hit a large pothole on an unlit stretch of country road and burst a tyre (costing over £200 to replace) on my wife's car.

It turned out two of my work colleagues had done the same on the same pothole (so christ knows how many it claimed). One of them buckled his steel wheel.

They too were 'marked for repair' and, after I'd spent ages filling out the bumper funpack of documents they required and sending in all evidence, the council solicitor basically told me to fk off and more or less said 'try taking us to court but you'll lose'.

Piss kettle was steaming after that.
Council solicitor is hardly going to encourage you to put in a claim and give you the best odds of success is he. It would be a small claims hearing in front of a magistrate and probably cost you very little.

anonymous-user

Original Poster:

53 months

Friday 20th January 2017
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Mammasaid said:
Check Fix My Street to see if it's been reported previously, if not you'll probably have to go for a FOI request.
Why FOI? Why not just ask as "business as usual" you'll be surprised to learn that it works. Don't know why the knobbers at the BBC always state "following a FOI" why not just ask ??
If you don't get an answer then try FOI, a straight FOI usually marks out a pretentious cokc

BigMon

4,155 posts

128 months

Friday 20th January 2017
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vxr8mate said:
Council solicitor is hardly going to encourage you to put in a claim and give you the best odds of success is he. It would be a small claims hearing in front of a magistrate and probably cost you very little.
I imagine it's all carefully calculated to judge the amount of hassle to take it further vs the outlay to fix damages.

Personally I don't want to take a day holiday to go to small claims court for £200 (with no guarantee that I would win) and I have no solicitor\lawyer mates to draft up free letters of legalese so I chose to bite down and take the shafting.

Doesn't mean I was happy about it though.

BigMon

4,155 posts

128 months

Friday 20th January 2017
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anonymous said:
[redacted]
AFAIK if it's marked for repair then your chances of getting a payout are virtually nil.

Doesn't mean it's not worth trying though.

Fish

3,974 posts

281 months

Saturday 21st January 2017
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I could only presume if it is marked for repair they have therefore confirmed that there is a defect serious enough to warrant repairing, if this isn't repaired in a reasonable time one could consider the council negligent...