Pothole damage - council refusing to pay - help

[BOB1990]

Not sure this is the correct forum but only just joined so can't post in SPL.

On the 14th of february, my brother hit a pothole and ruined a tyre. He took a picture of the ruined tyre pothole etc and sent off a claim to the council along with the receipt for his new tyre.

Two days after the incident the hole was filled in.

We have just received a letter froum the council (AnB) saying they won't pay.

The letter outlines the following:

• Council have duty to maintain roads and footways
• Can only repair once aware of defect
• Road in question is inspected quarterly as per 'Council's Asset Management Plan for Road Maintenance.
• Road was last inspected november 2012 no defects found next inspection 'around feb 20th 2013'

However, the letter goes on to state the fault was identified during an 'ad hoc inspection ' on the 13th. A cat 2 defect identified and works instruction for repair within 28 days. As per Asset management plan.

On this basis they feel they have fulfilled their duty of care and are denying his claim 28 days to appeal etc.

Is this correct?? My understanding is they were aware therefore liable but i may well be wrong.

This is up in Scotland so maybe diffent laws im not sure, but any help that could be provided while i trawl google for advice would be greatly appreciated.

[Mikeyplum]

If they have made checks within a reasonable time period, then they can't be considered liable under section 50 of the Highways Act 1980.

You could, under the Freedom of Information Act, request all details on inspections of said peice of road and go from there.

ETA - there is more to it but I'm pushed for time, sorry

[BOB1990]

Mikeyplum said:

If they have made checks within a reasonable time period, then they can't be considered liable under section 50 of the Highways Act 1980.

You could, under the Freedom of Information Act, request all details on inspections of said peice of road and go from there.

ETA - there is more to it but I'm pushed for time, sorry

Well thats looking a bit grim for him. But thankyou very much for taking the time to post.

[Freddy88FM]

BOB1990 said:

Well thats looking a bit grim for him. But thankyou very much for taking the time to post.

Friend hit a gigantic pothole on north circular recently in a 3 series at 50mph.

Needs new:
Front tyres
Front alloys
Front nearside strut

TFL didn't want to know and even tweeted that it had been repaired a few days later on their twitter.