Council contractor negligence

15th September 2011

I hope you don't mind me writing as this is not a pothole query but one with similar characteristics.
Our local contractor showered my car with debris whilst maintaining the grass verges causing over £1500 worth of damage. I am taking them to small claims in the basis they didn't follow their risk assessment as I found a huge broken flint in the verge by my car and cuttings and damage on my car. I cannot give exact date and time only the week in question and that is one element of their defence. Can I demand that information under the FOI act before I go to court?
Thanks

Replies (1)

Potholes.co.uk Expert     posted : 22/09/11 at 9:12 am

You can, but I doubt it will prove to be any use. Grass cutting is normally instructed on a 'complete by this date' basis and therefore the local authority is unlikely to hold exact information as to when specific locations were attended to.

If you are thinking of applying to the contractor, that's a complete waste of time because the FOI Act does not apply to them.