Eric Stephenson

by stivvy 18 Mar 2010 Severe pothole damage to two almost new tyres, £260 to replace. Filled in claim on-line with photos, 23Jan10. Received refusal letter today, 18th Mar.2010 quoting the Code of Practice for Maintenance Management 2001 and the special defence of the Highways Act 1980. Because the road in question had been inspected 02Nov09 and no damage discovered the Council feels cleared of negligence. I find this excuse difficult to accept as the unusual severe weather that occurred Dec./Jan. should demand an appropriate if unusual response. I doubt if any council in the country was not aware of the damage done to roads and therefore as a duty of care should have been more alert and willing to carry out repairs.I wonder if anyone has had any success pursuing this argument?

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Comments (3)

robbieh10    posted : 21/05/10 at 10.39am

Similar to you, I have been rejected quoting Sect 58 as the council identified the hole I hit 2 days prior to me hitting it and repaired it the day later, (within 5 days.. Great you may think..!).rnWhat they dont note is that the hole was identified also in Jan this year and apparently filled in then.. (hmmMMM..??) then when I hit it in April, I have so suck up the £370 damage to wheels and tyres as they are diligent in the repairs apparently..? (Seems the 1st repair was a botch job and I have to then suffer for this)

krazykev    posted : 05/04/10 at 9.47pm

go to a solicitor as the snow most likely caused the pothole and that happened after november when they say the road was inspected

stivvy    posted : 29/03/10 at 11.56pm

My claim for damages has been turned down quoting a government guide to highway authorities and a special defence for local authorities. In this case the local authority stated that as the particular road in question had been inspected in Nov. 09 and nothing untoward observed they did not consider themselves negligent. I might ask what had this to do with the price of fish, as the frost damage occurred from Dec. onwards. I fully intend to pursue my claim, with or without legal assistance.

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