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Double incident with pot-holes, 6 months on and still getting no where!

by JJMonty91

04 Dec 2017

Hey all,

So I've got a bit of a unique problem involving pot-holes and could do with some advice on how to proceed from this predicament.

I've had 2 incidents on the exact piece of road & pot-holes in short succession (May/June 2017), after the 2nd incident, I decided to file a complaint to the council as the incidents combined had caused ~£250 damage to my car. Sadly, it's coming up to 6 months now with a final answer still eluding me - so far this has been achieved; (Due to their way of organising, I had to make an individual claim for each incident).

Incident 1 - The Council do not accept responsibility for the first incident as it happened within the time-frame for repairing the road (their protocol gave 10 working days for it to be repaired, my incident happened on the 10th working day...)

Incident 2 - The Council accepted that the road should have been already repaired and so a claim could be made. However the repairs were to be carried out by a contractor and so I was informed that I must make a claim against them instead. (The council sent a copy of my case to the contractors)

3) The contractors contacted me in July 2017, accepting receipt of my claim and to confirm an investigation had been opened.

4) The council have backed-up their decision to incident 1 by supplying me with additional "supporting documents". However some of the information from their documents mis-matched what they informed me on their letter of decision. Inquiring about these differences, answer pending.

5) No verdict as of Halloween, tried contacting the contractors but this took several attempts (weeks). Turns out the council terminated the contract with the contractors in August 2017 - their automated e-mail reply even states the inbox for claims regarding the council in subject is now monitored intermittently. Even when phoning them, they seem uninterested/not sure how to deal with claims regarding that council. The letter mentioned in point 3 has a name of a rep from this company, I've asked to be put through to her but it seems they are not part of the main office, nor have an office phone! The only contact who seems to know anything about my case and they're impossible to contact!! Details have been re-submitted to company but no feedback in the past few weeks.

To put it bluntly, I'm feeling shafted by the council because for the exact piece of road & pot-hole, they haven't accepted responsibility for one of the incidents, but did for the second... but then passed the blame onto someone else (who I can't contact!)

I appreciate the council still had until the end of that working day for the road repair to be completed, however the reality is that the road was never likely to be completed by the end of that day as there was no indication of roadwork repairs at the time of incident (e.g no road work signs, markings on the roads, fencing, equipment, workers etc...) - the fact the same pot-holes took out another wheel on my car a few weeks later (and the council accepted responsibility) justifies that the work was not repaired by the end of the day.

Persistently contacting both parties is getting me no where, I feel I have no choice but to turn to the small-claims court, but have no idea if this would be appropriate or not. (Given the damages is ~£250, it would seem unwise to get a lawyer involved).

Has anyone ever had an incident like this before? Or could shine some light on what would be an appropriate route of action to take from here?

Any advice would be greatly appreciated as I'm feeling stuck and utterly hopeless about the situation!

Thank you,


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