Potholes at Frogpool

by HondaMan

03 Sep 2007

In December last year my vehicle hit a pothole on the unclassified road betweem Frogpool and Perranwell Station, the next village.

I wrote to the county council who denied liability claiming they had a statutory defence under S.58 of the Highways Act.

I issued proceedings, they filed a defence, accepting that the accident had happened in the circumstances described and again citing S.58

I obtained statements from three witnesses, all of whom stated that the hole was present BEFORE their claimed inspection.

There is a little known case, heard before the Manchester County Court, Diane Mannion -v- Manchester City Council 8 Decedmber 2004 which gives the information needed.

The Council have now PAID IN FULL, in view of the content of my witnesses statements.

I'm off for a pint!