pot hole dispute with staffordshre council help

[Bashman40]

HI ladies and gents i require some help regarding my incident it should be a simple open shut claim but the council seems to be fobbing me off. is there someone on here so i can be directed to for help?

[evilmunkey]

It can be a bit of a mine field depending on the council involved, i one worked for leeds city council and often took reports and sent out claim packs for this. what happened was , if the council had not had a pothole reported or had not been reported by a highways inspector , then the council were deemed not liable as there was no report and no prior knowledge of the defect. but if it had been reported then they were liable . you need to ask if there were any other reports of the road defect. if so ask what category it was reported as , as a cat A is supposed to be repaired within 24 hours, a cat b in 5 days and a cat c , very minor within 14 days.

you are entitled to ask and they should tell you if anything was reported and what category it was logged as , then use this as your grounds for appealing the decision, more often than not defects are reported either by the public or inspectors

one road in leeds ...roundhay park road got probably over 8 grand in claims in six months because the council couldnt fix it properly and kept blaming an underground water leak blowing holes. not the motorists fault and lcc just seemed to not bother . at one point claims for that road were coming in multiple times a day. it got rediculous. not the people reporting but the lack of action.

[vonhosen]

And no matter how they decide to categorise it if they've known about it for more than 24 hours have a read of this.

https://www.dailymail.co.uk/news/article-6609185/C...

and the actual case referenced.

http://www.bailii.org/ew/cases/EWCA/Civ/2017/36.ht...

[Bashman40]

thanks for the input it seems like they were aware of the defect and had a temporary repair done on the pot hole and which was repaired permanently 76 days later in that time the temporary repair fell apart. from the day of the temporary repair to my incident day the duration was 44 days, I guess the real question is, if a temporary repair is sufficient for 44 days???

[Burwood]

Bashman40 said:

thanks for the input it seems like they were aware of the defect and had a temporary repair done on the pot hole and which was repaired permanently 76 days later in that time the temporary repair fell apart. from the day of the temporary repair to my incident day the duration was 44 days, I guess the real question is, if a temporary repair is sufficient for 44 days???

The judgement clearly states that councils must make a permanent repair within 28 days. Fight it

[LarsG]

Under the freedom of information act ask when the Hole was reported.

[steve2]

Is there a time limit on when you can put a claim in?

[Bashman40]

Bashman40 said:

thanks for the input it seems like they were aware of the defect and had a temporary repair done on the pot hole and which was repaired permanently 76 days later in that time the temporary repair fell apart. from the day of the temporary repair to my incident day the duration was 44 days, I guess the real question is, if a temporary repair is sufficient for 44 days???

I've already got all the records hence how I know the days duration of how long it took for them to resolve the pot hole. I need to know how long a temporary repair should be left before a permanent repair is carried out as this was left for 44day before my incident. is that acceptable??

[Bashman40]

steve2 said:

Is there a time limit on when you can put a claim in?

i submited my claim within the timeframe as it has not be questioned

[Bashman40]

Bashman40 said:

I've already got all the records hence how I know the days duration of how long it took for them to resolve the pot hole. I need to know how long a temporary repair should be left before a permanent repair is carried out as this was left for 44day before my incident. is that acceptable??

I need to know how long a temporary repair should be left before a permanent repair is carried out as this was left for 44 day before my incident. is that acceptable?? is there someone on here that can answer this question ?

[essayer]

These are the rules for Bucks CC as per their Highway Inspection Policy - i would expect them all to be similar but if you ask via FOI they have to provide it. 28 working days.

[anonymous-user]

Burwood said:

The judgement clearly states that councils must make a permanent repair within 28 days. Fight it

You have misread the judgment. It says no such thing. There is a non statutory code that calls for repair within 28 days. The code might be persuasive on the issue but it is guidance and not law. The answer to a question as to any particular repair will be fact sensitive.

[anonymous-user]

Bashman40 said:

I need to know how long a temporary repair should be left before a permanent repair is carried out as this was left for 44 day before my incident. is that acceptable?? is there someone on here that can answer this question ?

The answer is “it depends”.

[Bashman40]

essayer said:

These are the rules for Bucks CC as per their Highway Inspection Policy - i would expect them all to be similar but if you ask via FOI they have to provide it. 28 working days.

Thank you Eassayer very much appricated , i have now requested for the Highway Inspection Policy. that should shed some light on if they followed there own policy.

[Red Devil]

Burwood said:

Bashman40 said:

thanks for the input it seems like they were aware of the defect and had a temporary repair done on the pot hole and which was repaired permanently 76 days later in that time the temporary repair fell apart. from the day of the temporary repair to my incident day the duration was 44 days, I guess the real question is, if a temporary repair is sufficient for 44 days???

The judgement clearly states that councils must make a permanent repair within 28 days. Fight it

It also clearly states that 28 days for a permanent repair applies only to Category 1 defects.
We don't know whether the OP's case is one such, so perhaps your advice may be premature. .

Have a look at paragraphs 9.4.18, 9.4.19, 9.4.20, and 9.4.21 here.
http://www.ukroadsliaisongroup.org/download.cfm/do...

If the OP's case is a Category 2, the last of the above paragraphs will be the one he needs to take notice of.

The chap in the DM article succeeded only because WSCC chose to settle rather than defend the small claims track claim.
By no means a guarantee that a different Highway Authority will do likewise.

[Bashman40]

Red Devil said:

It also clearly states that 28 days for a permanent repair applies only to Category 1 defects.
We don't know whether the OP's case is one such, so perhaps your advice may be premature. .

Have a look at paragraphs 9.4.18, 9.4.19, 9.4.20, and 9.4.21 here.
http://www.ukroadsliaisongroup.org/download.cfm/do...

If the OP's case is a Category 2, the last of the above paragraphs will be the one he needs to take notice of.

The chap in the DM article succeeded only because WSCC chose to settle rather than defend the small claims track claim.
By no means a guarantee that a different Highway Authority will do likewise.

The chart with the Categorys on are for rules for Bucks CC, Highway Inspection Policy. i have requested staffordshires policy

[Bashman40]

Bashman40 said:

The chart with the Categorys on are for rules for Bucks CC, Highway Inspection Policy. i have requested staffordshires policy

I'm unable to open the link provided ?

[KungFuPanda]

If you're so adamant that it's an "open and shut case", issue Court proceedings against the council then.

[Who me ?]

Might be worth looking on Google streetmaps for the bit of road in question. It could well be that a pothole existed in months previous and the CC faild to repair/waited till it got a bit bigger.