Bookmark and Share

Read stories

Council coming the £$%&s

by Stealth k3

21 Jun 2011

I have been trying to claim compensation (£115) for repairs to my damaged tyre and checks to my car after hitting a pothole on 5 April 2011(photographic evidence given to Council). Apparently, under Section 58 of the Highways Act I am not eligible for this as the Council did not know this pothole existed at the time of my incident (April 2011). The last time the road was checked was 22/11/2010 and the road was not deemed hazardous then. The fact that we have had an extremely bad winter and they have repaired the pothole (approx 10 - 14 days after my claim) does not mean I am eligible for compensation. Councils may only consider compensation if they know of the pothole in advance of anyone having an incident and trying to put a claim in.

Photo's

[IMG]http://i15.photobucket.com/albums/a395/philip01235/PICT0574.jpg[/IMG]

[IMG]http://i15.photobucket.com/albums/a395/philip01235/PICT0575.jpg[/IMG]

[IMG]http://i15.photobucket.com/albums/a395/philip01235/PICT0576.jpg[/IMG]

Letter

[IMG]http://i15.photobucket.com/albums/a395/philip01235/2011-06-20160208.jpg[/IMG]

BACK to 'Read stories' home

Comments (1)

Potholes.co.uk Expert    posted : 23/06/11 at 10.01am

Correct. That's more or less what the law says. What I would add is that a claimant needs to demonstrate that a councils did not do all that it reasonable could have done to know of the pothole in advance of anyone having an incident.rnrn

Write a comment

To post a comment you need to be signed in. Please enter your email address and password below to sign in, or if you don’t have a password click the link to register.

Not a member yet?  Register now
Forgotten your password?

Related stories

Avoid puddles if you can Added on 29 Mar 2009; comment [0]
Damage to Car - £500 Added on 27 Jun 2011; comment [1]
Mrs L Sherwood Added on 11 Aug 2011; comment [1]
Response to Freedom of Information Act - Answers to questions !! Added on 16 Aug 2011; comment [0]
Response to Freedom of Information Act - Answers to questions !! Added on 16 Aug 2011; comment [2]
Please type a keyword
(min. 4 chars)

You can also find stories using our
interactive map...

Go to map