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Two buckled alloys

by Tackleberry

01 Apr 2016

After a previous bad experience trying and failing to claim damage from the council I was more clued up on the process and what was required for the next time. Which, in this instance, resulted in a successful claim.

I hit a very deep pothole on a country road. Immediately after I pulled over, took tones of pictures and took a screen-grab from google maps on my phone so I knew exactly where I was. I also made notes of local landmarks and property names and numbers later reference.

After submitting all this information in the initial claim and having it rejected by the highway section of the council, I submitted a freedom of information request to the FOI section of the council who provided me with a schedule of maintenance for that particular road for the last 12 months.

It took some doing but hard work and perseverance payed of and I found that the section 58 statutory defence on which they were using did not apply, as they had not maintained the road AND the pothole was at a "dangerous" depth and size. Their own report was the only evidence I needed.

I submitted my appeal with this new evidence and a few weeks later, BINGO! They have accepted liability. The damage is over £500 so it's a very big win for me.

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