Pothole in Station car park

[IPAddis]

I've just lost a front tyre and possible buckled a wheel due to a 4 inch deep pothole in the local station car park. They are unsure whether the pothole is within their boundary (although there is no markings to say it isn't) but assuming it is, are they liable for any damage?

The issue is somewhat complicated by the fact that I was avoiding an evil speed hump by going round the edge of it (through an empty car parking space). Would this affect their liability?

Ian A.

[streaky]

IPAddis said:

I've just lost a front tyre and possible buckled a wheel due to a 4 inch deep pothole in the local station car park. [ ... ] The issue is somewhat complicated by the fact that I was avoiding an evil speed hump by going round the edge of it (through an empty car parking space).

What speed were you doing to write off a tyre and buckle a wheel in a car-park? If you were not driving in the marked lane and not parking in the bay with the pot-hole and could be shown to have been travelling at an excessive speed for the conditions, then they could have grounds for suggesting it was your failure. Are there signs to limit their liability? Are they posted so as to be easily readable? Are their conditions printed on the ticket? Have you used the car-park before and were you aware of its general condition? If any or all of these "conditions" are fulfilled, they I suggest you will have less of an argument to use against them. Sorry, but it can help to consider the rebuttals they will put forward - Streaky (IANAL)

[onedsla]

Any disclaimer signs mean nothing in law if it can be seen that the company looking after the carpark were neglegent in its upkeep.

[t-c]

To be able to make a successfull claim against the local authority, you have to show that the inspection programme employed by the authority was flawed, that as a result of their inspection programme they should have reasonably anticipated that a poyhole was likely to appear, and that the pothole was in itself dangerous.

Much of this will come down to the type of road you were on. A busy road shouldhave regular inspections, whilst a rural road that is normally quiet would not be expected to have the same level of inspection.

For a pedestrain to prove negligence, the hole has to be a minimum of 1 inch deep, for a car the word "dangerous" is the criteria and that may come down to a Judge deciding for you if you pursue a claim.

As far as a claim on private property or non local authority property is concerned, you have to show that on the balance of probability, it was reasonable to anticipate that damage could occur due to a lack of mainatanance, and that the hole had been there for some time.

>> Edited by t-c on Tuesday 3rd February 21:15

[IPAddis]

I've found out that the pothole is in a section of the car park owned by the railway workers union (or similar). It was at least 3-4 inches deep, about a foot across and about 6 inches wide. By the time I had got back at 3pm, they were already filling it in. Fortunately, I took photos.

I was doing about 10-15mph. It hasn't actually buckled the wheel, it ripped a chunk out of the sidewall of the tyre (the top surface of the pothole was quite jagged) and I think it's put a slight bend in one of the surfaces of a wishbone. Not enough to make the tracking feel out.

Technically the pothole is in a gap between the parking spaces for the railway union and the premium parking spaces for the station. It could be argued that I was moving the car around the speed bump into the nearest station parking space.

The tyre was about to be replaced on Saturday anyway so I'm not too bothered if they do argue (except I'll probably need a new wishbone). I spoke to the chairman of the railway union (who is a car fan) and he seems very helpful. Just have to wait and see what their insurance says.

Thanks for the replies.

Ian A.