Puncture due to pothole on private road
Discussion
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!
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!
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?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!
For a puncture?
Alucidnation said:
Seriously?
For a puncture?
Thanks for the helpful and insightful reply! For a puncture?
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.
Big Bad Ben said:
Alucidnation said:
Seriously?
For a puncture?
Thanks for the helpful and insightful reply! For a puncture?
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.
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.Afaik the councils generally only pay out for damage when the pothole has previously been reported to them by someone else.
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?
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.
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 .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 said:
Alucidnation said:
Seriously?
For a puncture?
Thanks for the helpful and insightful reply! For a puncture?
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.
Anyway £270?
What size are they?
Edited by Alucidnation on Sunday 19th January 12:31
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 .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?
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".
Alucidnation said:
Fair enough, but in your op you said puncture.
Anyway £270?
What size are they?
They’re 245/35ZR21’s, with an acoustic lining (it’s a Tesla). Anyway £270?
What size are they?
Edited by Alucidnation on Sunday 19th January 12:31
£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...
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.
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.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.
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?
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.I figure that the airport is responsible for the upkeep of their road and so they should shoulder some responsibility for the puncture. !
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