Puncture due to pothole on private road

Puncture due to pothole on private road

Author
Discussion

Big Bad Ben

Original Poster:

251 posts

236 months

Sunday 19th January 2020
quotequote all
Hello PH, please can you help? I was recently driving on a road owned by a fairly major airport (there are “private property, no stopping” signs everywhere so I assume the road is private) and I hit a big pothole (3m long, 5cm deep with a nasty sharp edge), getting an impact puncture in the process. I know, I should’ve spotted something that big and avoided it but that’s my lesson learned.

I figure that the airport is responsible for the upkeep of their road and so they should shoulder some responsibility for the puncture. Has anyone had any experience of putting in a claim from a private company for this sort of thing? Is there a pro-forma available online or a body that does something similar t what POPLA does for parking disputes?

Many thanks!

Alucidnation

16,810 posts

169 months

Sunday 19th January 2020
quotequote all
Big Bad Ben said:
Hello PH, please can you help? I was recently driving on a road owned by a fairly major airport (there are “private property, no stopping” signs everywhere so I assume the road is private) and I hit a big pothole (3m long, 5cm deep with a nasty sharp edge), getting an impact puncture in the process. I know, I should’ve spotted something that big and avoided it but that’s my lesson learned.

I figure that the airport is responsible for the upkeep of their road and so they should shoulder some responsibility for the puncture. Has anyone had any experience of putting in a claim from a private company for this sort of thing? Is there a pro-forma available online or a body that does something similar t what POPLA does for parking disputes?

Many thanks!
Seriously?

For a puncture?

PSB1

3,676 posts

103 months

Sunday 19th January 2020
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This is an outrage. Accept nothing less than a full, judge led, public enquiry.

Big Bad Ben

Original Poster:

251 posts

236 months

Sunday 19th January 2020
quotequote all
Alucidnation said:
Seriously?

For a puncture?
Thanks for the helpful and insightful reply! thumbup


It’s destroyed the tyre and a replacement is £270, not an insignificant amount for those of us who aren’t powerfully built company directors.

There have been precedents set of this sort of thing happens on the public highway ( https://www.moneysavingexpert.com/travel/pothole-c...).

I was just curious as to whether it’s different on private land.

meatballs

1,140 posts

59 months

Sunday 19th January 2020
quotequote all
Big Bad Ben said:
Alucidnation said:
Seriously?

For a puncture?
Thanks for the helpful and insightful reply! thumbup


It’s destroyed the tyre and a replacement is £270, not an insignificant amount for those of us who aren’t powerfully built company directors.

There have been precedents set of this sort of thing happens on the public highway ( https://www.moneysavingexpert.com/travel/pothole-c...).

I was just curious as to whether it’s different on private land.
Was going to say similar. Even more painful if you need to replace as a pair.

untakenname

4,953 posts

191 months

Sunday 19th January 2020
quotequote all
Did you have permission to be on the private road?

Afaik the councils generally only pay out for damage when the pothole has previously been reported to them by someone else.

anonymous-user

53 months

Sunday 19th January 2020
quotequote all
What did they say when you spoke to them?

Big Bad Ben

Original Poster:

251 posts

236 months

Sunday 19th January 2020
quotequote all
PSB1 said:
This is an outrage. Accept nothing less than a full, judge led, public enquiry.
OoooooOOOOOOOoooooooh!!!! It must be sarky Sunday!



Big Bad Ben

Original Poster:

251 posts

236 months

Sunday 19th January 2020
quotequote all
untakenname said:
Did you have permission to be on the private road?

Afaik the councils generally only pay out for damage when the pothole has previously been reported to them by someone else.
Yes, I work at (but not for) the airport. The road is an access road for all of the airport car parks and businesses that are based at the airport.

That’s an interesting point about councils, I wasn’t aware of that - I suppose their argument is that they can’t be held responsible if they’re not aware of the issue?

Big Bad Ben

Original Poster:

251 posts

236 months

Sunday 19th January 2020
quotequote all
Thesprucegoose said:
What did they say when you spoke to them?
I’ve not been able to get hold of telephone details for the airport’s parent company, but I’ve filled in an online form on their website and I’m awaiting a reply.

I’m just trying to get on the front foot with regard to what the next steps are likely to be.

bimsb6

8,034 posts

220 months

Sunday 19th January 2020
quotequote all
Big Bad Ben said:
Yes, I work at (but not for) the airport. The road is an access road for all of the airport car parks and businesses that are based at the airport.

That’s an interesting point about councils, I wasn’t aware of that - I suppose their argument is that they can’t be held responsible if they’re not aware of the issue?
Correct , which is always the sticking point , proving they knew about it .

Alucidnation

16,810 posts

169 months

Sunday 19th January 2020
quotequote all
Big Bad Ben said:
Alucidnation said:
Seriously?

For a puncture?
Thanks for the helpful and insightful reply! thumbup


It’s destroyed the tyre and a replacement is £270, not an insignificant amount for those of us who aren’t powerfully built company directors.

There have been precedents set of this sort of thing happens on the public highway ( https://www.moneysavingexpert.com/travel/pothole-c...).

I was just curious as to whether it’s different on private land.
Fair enough, but in your op you said puncture.


Anyway £270?

What size are they?


Edited by Alucidnation on Sunday 19th January 12:31

over_the_hill

3,185 posts

245 months

Sunday 19th January 2020
quotequote all
bimsb6 said:
Big Bad Ben said:
Yes, I work at (but not for) the airport. The road is an access road for all of the airport car parks and businesses that are based at the airport.

That’s an interesting point about councils, I wasn’t aware of that - I suppose their argument is that they can’t be held responsible if they’re not aware of the issue?
Correct , which is always the sticking point , proving they knew about it .
Beat me too it - how do you prove or not that they knew about it.

Or if you report a pothole then drive through it two weeks later and smash a wheel would the fact that you reported affect your rights to claim. Or would they just say "you knew it was there".






Big Bad Ben

Original Poster:

251 posts

236 months

Sunday 19th January 2020
quotequote all
Alucidnation said:
Fair enough, but in your op you said puncture.


Anyway £270?

What size are they?


Edited by Alucidnation on Sunday 19th January 12:31
They’re 245/35ZR21’s, with an acoustic lining (it’s a Tesla).

£199 (plus fitting) is the cheapest price online, but with a 16 day lead time and I need to be back on the road tomorrow!

Fortunately the car’s fairly new so I don’t need to replace the tyres as a pair...

Cudd Wudd

1,084 posts

124 months

Sunday 19th January 2020
quotequote all
untakenname said:
Afaik the councils generally only pay out for damage when the pothole has previously been reported to them by someone else.
A relevant highways authority has to be proactive as well as reactive, i.e. demonstrate they undertook appropriate inspections (based on frequency, method etc.) to look for defects, so it is more than just having a pothole reported to them. This is in reference to the section 58 defence they can rely on under the 1980 Highways Act.

OP, first thing to establish is who owns the road. If it is a private company, you may find it easier than as against a highways authority, although this all depends on what, if any, steps/procedures the owner had in place. Only way to find out is to contact them and see what they respond with. It also depends on showing the defect was dangerous enough to warrant repairs and caused the damage to your vehicle. Photos with measurements of the defect should help, as should photos of the tyre, proof of works undertaken etc.

If it is privately owned and no such checks were undertaken (they had no system in place), it could help you seek recompense from them, less any reduction that may be appropriate for your own ‘conduct’. For example, why didn’t you see it and avoid it, were you travelling too fast etc. But getting them to respond to you and deal with it might be harder.

Highways Authorities tend to have documented inspections etc. in place. Whilst they are not infallible, it can make the process long winded and more difficult. For the sum in question, this might be relevant to how far you can be bothered to take it.

Big Bad Ben

Original Poster:

251 posts

236 months

Sunday 19th January 2020
quotequote all
Cudd Wudd said:
A relevant highways authority has to be proactive as well as reactive, i.e. demonstrate they undertook appropriate inspections (based on frequency, method etc.) to look for defects, so it is more than just having a pothole reported to them. This is in reference to the section 58 defence they can rely on under the 1980 Highways Act.

OP, first thing to establish is who owns the road. If it is a private company, you may find it easier than as against a highways authority, although this all depends on what, if any, steps/procedures the owner had in place. Only way to find out is to contact them and see what they respond with. It also depends on showing the defect was dangerous enough to warrant repairs and caused the damage to your vehicle. Photos with measurements of the defect should help, as should photos of the tyre, proof of works undertaken etc.

If it is privately owned and no such checks were undertaken (they had no system in place), it could help you seek recompense from them, less any reduction that may be appropriate for your own ‘conduct’. For example, why didn’t you see it and avoid it, were you travelling too fast etc. But getting them to respond to you and deal with it might be harder.

Highways Authorities tend to have documented inspections etc. in place. Whilst they are not infallible, it can make the process long winded and more difficult. For the sum in question, this might be relevant to how far you can be bothered to take it.
Thank you Cudd Wudd, that's very helpful.

These are some of the photos I've taken, for reference. There were three potholes in all, this was the one that caused the issue. I've made the assumption that because there are signs saying "Private property", then it's a privately owned road - but is this not necessarily the case?





Nickyboy

6,700 posts

233 months

Sunday 19th January 2020
quotequote all
Big Bad Ben said:
Thanks for the helpful and insightful reply! thumbup


It’s destroyed the tyre and a replacement is £270, not an insignificant amount for those of us who aren’t powerfully built company directors.
Yet you're driving a Tesla. Not exactly a Fiesta

Big Bad Ben

Original Poster:

251 posts

236 months

Sunday 19th January 2020
quotequote all
Nickyboy said:
Yet you're driving a Tesla. Not exactly a Fiesta
Ironically a fiesta tyre probably would’ve been fine over the pothole...

Sheepshanks

32,528 posts

118 months

Sunday 19th January 2020
quotequote all
Big Bad Ben said:
Nickyboy said:
Yet you're driving a Tesla. Not exactly a Fiesta
Ironically a fiesta tyre probably would’ve been fine over the pothole...
Yes - Tesla not fit for purpose for use on UK roads. smile

JimbobVFR

2,679 posts

143 months

Sunday 19th January 2020
quotequote all
Big Bad Ben said:
I know, I should’ve spotted something that big and avoided it but that’s my lesson learned.

I figure that the airport is responsible for the upkeep of their road and so they should shoulder some responsibility for the puncture. !
Selectively quoted but how can those 2 statements not be contradictory. Take it on the chin and don't do it again.