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!
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.
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...
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?
Agila b 6yr 6k said:
Just a few points.
1. You're correct to be annoyed, it's a lot of money regardless of what you drive.
2. That pot hole is a disgrace.
3. I think it's a £100 fine if you stop. Hope you haven't stopped at the time or to take a picture etc????
Good luck with it all.
Thanks Agila. Yes, that £100 fine is a bugger, it's upsetting a lot of people as even if they stop to look at a map to try and find the right car park, the enforcement cameras get them. Even people filling up with fuel at the airport's petrol station have been hit with fines for stopping!1. You're correct to be annoyed, it's a lot of money regardless of what you drive.
2. That pot hole is a disgrace.
3. I think it's a £100 fine if you stop. Hope you haven't stopped at the time or to take a picture etc????
Good luck with it all.
REALIST123 said:
There was a motorcyclist? Pedestrians? In that case he should have slowed until the bike had passed and then straddled the quite obvious pothole.
You sure you weren’t trying out that legendary Tesla acceleration OP?
By the way, have you checked the rim? I’d be surprised if a 21” rim survived an impact bad enough to destroy a 35 series tyre.
In fact, there were pedestrians, but to be honest the pothole doesn't look so bad from a driver's eye view... I've had plenty of chance to try out the acceleration (it is ludicrous!), no need to do it on the approach to a roundabout!You sure you weren’t trying out that legendary Tesla acceleration OP?
By the way, have you checked the rim? I’d be surprised if a 21” rim survived an impact bad enough to destroy a 35 series tyre.
Your post did concern me about the rim, I was fearing the worst but fortunately it only suffered a small scratch, thank goodness.
Cudd Wudd said:
My pleasure 
I cannot read all the detail on that sign, but assuming it doesn’t detail the owner, you could contact the highways authority for that area and ask them if they can confirm who is responsible for it given the signage. They will hopefully provide the details. Failing that, and if there’s no other obvious way of identifying them based on the location the road is in, you can submit a search of the index map at HM Land Registry, which is easy enough. Submit a form with map identifying the area edged in red, pay about £4, and HMLR will return details which should assist.
Your photos look helpful and the depth looks sufficient to establish the need for repair, although emphasising how bad it was/is could raise the counter argument of, “then why didn’t you see it [in time]?” This could then go to the apportionment of fault (contributory negligence).
Thanks again Cudd Wudd! I cannot read all the detail on that sign, but assuming it doesn’t detail the owner, you could contact the highways authority for that area and ask them if they can confirm who is responsible for it given the signage. They will hopefully provide the details. Failing that, and if there’s no other obvious way of identifying them based on the location the road is in, you can submit a search of the index map at HM Land Registry, which is easy enough. Submit a form with map identifying the area edged in red, pay about £4, and HMLR will return details which should assist.
Your photos look helpful and the depth looks sufficient to establish the need for repair, although emphasising how bad it was/is could raise the counter argument of, “then why didn’t you see it [in time]?” This could then go to the apportionment of fault (contributory negligence).
The airport have now responded and it looks like they've agreed that the road is private property and the maintenance is their responsibility (the roads are maintained regularly apparently).
However, they're stating that they're not responsible to the damage because they have no control of the type of traffic that uses (and presumably they're suggesting damages) the road. Sounds pretty weak to me, what do you think?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff