Winning Formula

by MartinB

18 Apr 2009

Travelling on a major B road in the SE, I hit a huge pot hole and damaged my tyre beyond repair. I immediately took photo's, measured the area and took notes.

I called the council, made them aware of the damage and asked for a claim form. Finally after a month it arrived, having chased the council a number of times. I completed it and sent it with photo's attached and within a week had a standard off the shelf letter which stated that whilst they were conducting regular checks, the 'extreme climatic conditions' were making life very difficult. they believed they had done everything reasonably possible to make the road safe - it was clearly not their fault and are therefore not liable for the damage.

My Reply was as follows:

Martin Bennett
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RH## ###

Tracey Webb
Highways Manager
Western Area office
Drayton Lane
Drayton
Chichester
West Sussex
PO20 2AJ


Your reference: ##########

Dear Ms Webb

Many thanks for your letter dated 24th March.

I am unable to accept your claim that West Sussex County Council is doing everything reasonably practicable to deal with the current number of potholes. Indeed, I fail to understand how damage on a major A road to the extent shown in the photographs I enclosed with my claim form can be left for such a long time when, as you suggest, you have teams working around the county to locate, identify and repair such problems. The road concerned had been deteriorating for some weeks and the damage to the surface was significantly larger and deeper than most holes in the surrounding area. Whilst it could be said that the weather does have an impact on the environment, from your Charter I understand that the Council has an obligation to ensure that its roads are kept in a condition suitable for safe driving regardless of the climate. I would also argue that we have not suffered ‘extreme climatic conditions’ as you state as the weather over the winter has again been mild with no more rainfall or icy conditions than would be reasonably expected during that time of year. According to official statistics, precipitation levels have been above average in recent months but with a temperature consistent with the time of year – certainly nothing to be officially classed as ‘extreme’.

To make matters worse, it would also appear that your teams are simply filling in pot holes with tarmac which after a very short period of time is simply being lifted back out exposing the hole and leaving debris scattered on the road surface to then be flicked up and cause damage to windscreens. Evidence of this practice can be seen throughout the county with many holes being filled a number of times recently. It would therefore seem a complete waste of valuable resources to continue this practice as in the long run it costs more to repair several times badly than to do it once in a suitable fashion to last. The excuse that the Council does not have sufficient funds available is a poor one as money is being wasted by the above practice and I would suggest that your solution solving is therefore incorrect – and this could be deemed as malpractice and misuse of public funds by the Council if brought under scrutiny. Due to the particularly poor state of the B2133 I believe the Council is in breach of its commitment to the public and possibly even guilty of negligence. The road was in such poor condition I am amazed that there had not been a serious accident due to vehicles avoiding the said damage. What made this particular pot hole worse was the exposure of 1-1.5” of cats-eye (this is the element that caused damage to my car) and the holes were over an approximate distance of 5m. Should I have suffered an immediate puncture due to hitting cats-eye I would not like to think what the consequences might have been travelling at 60mph and possibly heading into on coming traffic.

It would appear from your letter that you have simply sent a standard ‘stock’ reply and given my individual claim little or most probably no thought, not even mentioning any of the specific details surrounding the claim. I would therefore like the opportunity to appeal to have my claim given the time and consideration it deserves.

It is also of interest that within three days of my reporting the damage and asking for a claim form (which took a month and several phone calls to your offices to be sent out, despite your policy of a maximum two-week period I was quoted on my second call) the holes had been filled in. I can only suggest that finally after damage had been reported you then took action rather than a structured road repair policy. As I have mentioned, this is a major A road heading north into Guildford used by thousands of vehicles a week, not a minor B or unclassified road, and you have an obligation to keep roads safe.

In summary, I am sure you would agree that the Council would take a punitive view if I dismissed my council tax bill without a glance citing the ‘current economic climate’ and refused to pay what is properly due. This would be the wrong course of action as I understand I have an obligation but currently the Council would appear to be lacking in theirs and reluctant to be held into any account.

Many thanks for your time and I look forward to your early response.

Yours sincerely

Martin Bennett

cc
Chief Executive, West Sussex County Council
Editor, County Times

As you can see I copied in the Chief Executive and County Times.

Two weeks later I received a reply, my comments are appreciated and my claim has been forwarded for payment.

I do not enjoy removing valuable funds from the local council, I do not enjoy dodging pot holes when the council are clearly not doing their job!

Moral of the story.......Don't give up!