First Rejection.

by the_big_1 12 Jul 2010 Hi All, Back in March, I hit a pothole thats cost me £493 in repairs. It was a pot hole that was 3 feet long, 1 foot wide, 1/3 foot deep. It was in the wheel track on a 60 mph road on a blind bend. If I try to avoid it, it could have been a fead on crash! I asked for the "Freedom of information ACT" as reported on here, They asked why and when I told them, they sent me a claims form. I filled it out and sent it back. On a few occasions I asked for the "Freedom of information" on the maintenance on the road, they wouldnt reply. They have seny me a letter now stating that the road was inspected on the 11th of Febuary and can prove it, and its a 12 week schedual and my damage was less than 12 weeks so sorry etc. But around the 11th of Febuary, it was snowing etc so how could they inspect it? And they said no sign of damage to the road at the time and within 9 weeks, that size hole appeared? Whay should I do?

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Comments (4)

ianprideaux    posted : 12/08/10 at 3.07pm

First of all insist on the response to your FoI request. If necessary, I don't see why you shouldn't have a friend or relative repeat the request and refuse to give a reason if challenged. Make sure you have requested the road classification and the council's actual record of inspection of that road. Then consult "Well maintained Highways" produced by the UK Roads Liaison Group (Google it) and check whether the council's inspection schedule of 12 weeks accords with the recommendation for that class of road. Even if it DOES note that Well Maintained Highways recommends that the inspection schedule should be altered if weather dictates it and the worst winter for 30 years would sound like a pretty good reason to increase the inspection schedule.

Potholes.co.uk Expert    posted : 11/08/10 at 9.12am

They have played you I'm afraid ... when you were asked why you wanted the information, you should have advised them that you were not obligated to give a reason. As we say in our step by step guide when submitting FOI requests - "There is no requirement to mention your claim, and it might be better if you don't"rnrnYou need to get that information from the local authority to assess how you might proceed. I suggest you write back (to the local authority NOT the claims handler), informing them that you have made a formal request under the FOI Act and that you expect them to comply with both your request and the Act. Advise them that if they do not comply, you will report the matter to the Information Commissioners Office.rnrnI hope this helps

Tommyh_1964    posted : 28/07/10 at 1.12am

it is no good you ,they just laugh at you get one them claims solicitor,s onto them no win no fee ,think about it if you win they have to pay your costs and if you dont win you dont pay hope this helps

jakko    posted : 17/07/10 at 12.47pm

The same has happened to me. My front suspension snapped both sides cost almost £1000, I've now had 2 rejections different reasons !!!! what now

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