Help with Legal Advice -taking council to court over pothole

[993 T]

Hi guys,

cut a long story short.

Hit a pothole on 28th Dec, popped tyred and kinked my wheel.

Contacted council asap to inform them about, and to request compensation.

They sent me a form, duly filled in, returned. Here nothing.

Get an email mid January from the council saying the pot hole had been filled on the 4th of Jan.

Bmw Confirm wheel was damaged by impact of pot hole.

Get an email yesterday from their insurers saying that they inspected the pothole, and it was 45mm, their guidelines are 50mm. (UK national acceptance is 40mm)

I reply asking when they inspected the pot hole - they say, 31st of Jan.

But the email from the council says it was repaired on the 4th of Jan.

I am not happy as you can imagine, I had to replace a tyre asap (£250) and a 19" Alpina wheels is £500.


I want to know the best way to take this forward? there are obvious inconsistancies in their replies.

Does anyone know a good solicitor? is it worth considering a no-win no-fee type?

Thanks

[redgriff500]

Have you got legal cover via AA / your insurer ?

If not I'd write a letter yourself outlining their inconsistencies if you don't get a satisfactory conclusion then take them to court yourself - forms are online.

HOWEVER I'd have taken a pic with depth of the hole at the time - if you didn't you might have a problem.

[CampDavid]

Before going to court you need to have exhausted all other avenues. I'd suggest writing to them advising them of their inaccuracies and telling them they have 14 days to pay up or you'll start legal proceedings. I'm not in any way a legal bod but that's the route I would take

[LuS1fer]

Write a letter headed "Letter before action" indicating they need to settle it within 14 days or you will issue small claims proceedings - it's often cheaper for them to settle then fight it.

[Ozzie Osmond]

What you really need in these circumstances is a photo of the pot-hole, ideally with a ruler stuck in it. Without that, if they say "it was only 45mm and you are using unusually low profile tyres" it might be an uphill struggle.

I have recovered for a damaged tyre myself. Deeper hole, fatter tyre, nice photo.

[993 T]

Hi Guys - thanks for the responses, its much appreciated.

I do have several pictures of the pot hole, and do have a picture with a stick in the hole.

I didnt get an opportunity to measure it as it was just of a busy roundabout, it was a case of running in the road, then running back again.

I will write them a letter this weekend, with copies of the two letters I have with conflicting information.

Thanks

[993 T]

Also - any tips on the format of the letter?