pothole damage, council... what to do

[Blown2CV]

now this happened in 2007, and I don't have the car anymore but it cost over a grand and I still don't want to let it drop! Nearside front wheel went down a 6" pothole with a flat front, after being forced right over to the left by temporary traffic lights up ahead. The road surface was and still is awful, rural with lots of subsidence, and there was groundworks going on also. The council's response was "well we say we check that road every 6 months and we last checked it less than 6 months ago so ner". I did a freedom of information request for the road check data, but can't make head nor tail of it really. I contacted some solicitors and got no response. I know it costs maybe £300+ to go to small claims (as I did that and won for something else more recently), but I don't know whether I have a case. I also went back and took photos of how bad the surface of that road and those surrounding, with a view at arguing that the check regime was insufficient, but don't know if I really am up against it on that one. Thoughts?

[sday12]

Paragraphs?

[richyb]

Nearly 5 years on and you no longer have the vehicle I think I would just put it behind me. Perhaps the road wasn't up to an acceptable standard but arguing this after all this time (if you can even bring it to small claims after such a time lapse) seems like it will be an up hill struggle and inevitably more hassle than its worth.

[badlands1]

Move on jeeeez

[V6Alfisti]

Too late now I should think.

Had something similar in 2004/2005.

Rough story
. Damage
.Council said bog off, inspected every so often
. Asked for records
. Records were not of the frequency required and actually showed some damage was recorded but not addressed
. Took pictures with a ruler and sent to council
. Council said bog off
. Notified them I would be raising small claims proceedings in x days if no positive response received
. Council said bog off
. Raised small claims proceedings
. As soon as they received the details, their insurers (Zurich from memory) offered 50% and cost of small claims.
. I accepted as I had enough by that point
. Council resurfaced an entire mile of road
. Local village folk over the moon

Worth it? Not really

[badlands1]

V6Alfisti said:

. Took pictures with a ruler and sent to council

You should of used a camera.

[Blown2CV]

V6Alfisti said:

Too late now I should think.

Had something similar in 2004/2005.

Rough story
. Damage
.Council said bog off, inspected every so often
. Asked for records
. Records were not of the frequency required and actually showed some damage was recorded but not addressed
. Took pictures with a ruler and sent to council
. Council said bog off
. Notified them I would be raising small claims proceedings in x days if no positive response received
. Council said bog off
. Raised small claims proceedings
. As soon as they received the details, their insurers (Zurich from memory) offered 50% and cost of small claims.
. I accepted as I had enough by that point
. Council resurfaced an entire mile of road
. Local village folk over the moon

Worth it? Not really

Can claim up to 6 years after incident.

well the thing is i have done up to but not including "raised small claims proceedings", so I have been through all the major part of the hassle with none of the pay-off. I will submit an entry through "moneyclaim" and see how i get on. thanks

[lescombes]

I keep thinking.....although I hate the Ambulance chaser types....that there must be a way or a DIY pack to help with this, especially with damage to cars by potholes and parts like drop links and bushes that are broken, way before time....Known some on 2 yr old motors.....

Some kind of what to do (photos etc) who to write to....etc
I have and know you can report potholes online....but that doesn't help if you have incurred damage to suspension/tyres/wheels or whatever...

[Blown2CV]

sday12 said:

Paragraphs?

yes, i wrote one of those. This is a fun game - SENTENCES!

Your post was probably less grammatically correct than mine as it isn't actually one of those, but thanks for your input.

[Blown2CV]

all reporting potholes online does is get them fixed

[Blown2CV]

badlands1 said:

Move on jeeeez

you first

[badlands1]

Blown2CV said:

badlands1 said:

Move on jeeeez

you first

haha I knew you would bite, you asked us for 'thoughts', and you try and be funny about it. you can not leave nothing alone can you? did you win your court case about that kid who never give you your football back when you were 6 years old.
to repeat my advice and my opinion.

Move on, jeeez.

[Andehh]

2cv? Move on...

[V6Alfisti]

badlands1 said:

You should of used a camera.

[zcacogp]

Blown2CV said:

all reporting potholes online does is get them fixed

Not in my experience. They remain unfixed.

5 years ago? Move on.


Oli.

[Blown2CV]

I don't see what difference the time makes, it is point of principle and I think if I let it go the council have won unfairly. Also, maybe the "move on" brigade have money to burn, but I don't

[Blown2CV]

badlands1 said:

Blown2CV said:

badlands1 said:

Move on jeeeez

you first

you can not leave nothing alone can you?

being as you are the chap that decided to click on this thread, make no positive contribution other than attempt to pull me up on my grammar, despite your dubious attempt at same (see above), I feel you are one who can't not leave nuffink alone. Keep em coming.

[johnpeat]

I'm going to have to join in - well past time to move on and wtf have you been doing for 5 years - your mates must be truly sick of hearing about this!

The process is simple - if your car is damaged on a public/council-maintained road, you record the pothole, your car's damage and get the repair bill and send them all to the council.

They assess the claim - there are a few rules relating to the type of road and the location of the pothole as well as what inspections and maintenance have been done (for example, it must be on the main part of the carriageway - holes at the edge you shouldn't be driving over) and then they decide if they'll pay all, part or nowt.

If they refuse, you can start a Small Claim but beware, the council does this a lot and they know what they will win/lose in court - so if they deny any liability, they're pretty sure you're going to lose.

You also mentioned roadworks which would imply that you should have been driving VERY carefully and/or that the roadworks contractor may have some responsbility too - so it gets more complex and leaving it for years isn't going to make it any clearer...

[PumpkinSteve]

Blown2CV said:

I don't see what difference the time makes, it is point of principle and I think if I let it go the council have won unfairly. Also, maybe the "move on" brigade have money to burn, but I don't

Not trying to be funny here so don't take this the wrong way, but if you felt so strongly about it why did it take you almost five years to think about taking action?

[Blown2CV]

PumpkinSteve said:

Blown2CV said:

I don't see what difference the time makes, it is point of principle and I think if I let it go the council have won unfairly. Also, maybe the "move on" brigade have money to burn, but I don't

Not trying to be funny here so don't take this the wrong way, but if you felt so strongly about it why did it take you almost five years to think about taking action?

That isn't the case; I have spent a bit of effort on this before now. I only decided to try and take it further after several months of to and fro and some more of resignation after the accident. I spoke to local residents, tried to read up online, took photos, went through the aforementioned FoI request... when most of that drew a blank, I gave up for a couple of years. I noticed the bundle of stuff the other day when i was having a clear-out, and was about to chuck it when i thought i would give it a final try. In the lack of any response from solicitors I thought i would try PH.