Permanent repair timeframe ?

24th January 2012

Date of Incident : 22/08/2011

According to my County Council's policy 'a permanent repair should be made to a Cat 1 defect'.

Having recieved my third correspondence from them. They have stated in the letter 'no permanent repair has been carried out'.

Is this sufficient evidence to proceed within this area of negligence, seeing as this is some 5 months later ?

I believe that there has been another two incidents with the said pothole since then !!!

Replies (4)

red4life     posted : 07/03/12 at 3:20 pm

Seeing as a number of accidents have occurred within the last 3 years in exactly the same place, I would say yes if a permanent repair had been carried out, not just me but many others (from the reports that I was sent) would have avoided damaging their vehicles !!

Am I missing something here ?

Potholes.co.uk Expert     posted : 31/01/12 at 11:53 am

Maybe I did not explain myself properly. You need to show that not adhering to their own criteria and standards was causative of your incident. In other words, if the pothole had been repaired within 28 days would it not have been there when you hit it.

red4life     posted : 30/01/12 at 5:42 pm

I am surprised that this is not the main reason a successful claim would proceed ?

Surely if a permanent repair is stated as being required within a 28 day period according to their policy, then they are not fulfilling their own criteria and standards ?

Potholes.co.uk Expert     posted : 27/01/12 at 11:26 am

If the lack of a permanent repair had any effect on your incident, then this is unlikely to have any bearing on your claim. It perhaps wont look good for them, but will not assist you.