Alan

by Meriadoc 31 Dec 2009 Driving round a sharp bend on a country lane in Bedfordshire on the 17th October 2009 nearside wheel went down pothole - changed wheel at safe location with ally wheel and tyre beyond repair. £290 Pot hole about six feet long 8 inches wide and three and a half inches deep with white line painted along road down pothole along pothole and up other side. Wrote to Bedford Borough Council that day making a claim but claim, was passed to Central Beds Council who passed it to their external handlers in Cardiff B4 Legal Solicitors and I went on the warpath with FOI request and threat of action. They then passed it back to Bedford Borough Council - I made another FOI appilcation and made formal complaint and threatened legal action - I then made complaint to the Information Commissioner because they failed to provide details requested - still no response and I issued a summons in the Bedford County Court on the 1st December 2009 - Council ignored all correspondence and failed to acknowledge service, file a defence etc and I obtained Judgement on the 22nd December 2009 - Council still did not respond and yesterday I made application for a Warrant to recover goods if not money that I will enforce - £30 for court fee and £100 for Warrant that they must pay - their insurers rejected my claim because a two man van apparrently inspected the road sometime before the incident but my argument is that they did not inspect the road properly and therefore their statutory defence fails Beds on Sunday are aware and want to attend Bedford Borough Council offices if the bailffs go in but in any event wil publish an article shortly. My car was damaged because of their negligence and there is no good reason why they should not reimburse anyone caused damage and loss but the behaviour of this council is unnaceptable and I hope my story encourages others not to be fobbed off

BACK to 'Read stories' home

Comments (3)

Meriadoc    posted : 16/01/10 at 4.09pm

Eventually after two months they complied with FOI seems that they painted the white line down the pothole two years ago which seems to confirm poor inspectionrnBeds on Sunday, 3 Counties Radio, BBC Look East and Sunday Times this week have all taken an interest in this case - More in Beds on Sunday this week and radio interview next MondayrnThey forgot to process FOI - forgot to post a cheque some time last month, have not processed formal complaint and appear to have misled media - they sent a cheque for £316 to me via insurers and solicitors in Dartford for full and final settlement but the £100 bailffs cost have not been included so I have not accepted the cheque and asked their solicitors and court to clarify mattersrnI have asked the bailffs to enforce the judgement given on the 22nd December 2009 for immediate payment of the debt but even though the Town Hall is just a few yards away it seems that they have not bothered to do so or reply to my correspondence which gives the impression of special treatrnent for the defendentrnI will keep going and will update next weekrnAlan

Meriadoc    posted : 09/01/10 at 8.10pm

Council have still failed to comply with the FOI request even though extra time was given for them to comply and I have again asked the Information Commission to issue a formal decision notice.rnCouncil have failed to acknowledge my formal complaintrnBeds on Sunday will I think hold them to account for the waste of public money and their arrogance and incompetence and lack of respect for members of the public and the courtrnAlan

Meriadoc    posted : 09/01/10 at 8.05pm

Got judgement but they have still not paid up even though bailfiffs have contacted them - It seems that they have agreed to pay in the future but the judgement was for immediate payment and on Monday I will ask the bailffs to seize goods at Town Hall.rnMedia are very interested in story and Beds on Sunday are running an article this week and will follow up next week.rnThis case could set a precedent and be used nationallyrnThe key argument to defeat the statutory defence is that the inspection was not carried out properly - if it was not carried out properly to identify the danger that caused the damage it is as if no inspection was carried out at allrnIt is time that authorities up and down the country accepted full responsibilities for their failures and I would encourage consideration of legal action at an early stagernAlan

Related stories

Case won	Added on 10 Jun 2009; comment [2]
Road of Dudley	Added on 18 Feb 2010; comment [0]
£1800 claim refused within 3 working days!	Added on 26 Feb 2010; comment [2]
Marford Hill North Wales Pothole claim-My story so fra incl ltr/pics	Added on 05 Jun 2010; comment [0]
Cumbria County Council	Added on 24 Nov 2011; comment [2]