following a car crash council wanting to be paid for clearing road..

[aj24]

Back in sept 2005 I crashed my partners cars. local council came after me for clearing the road of oil and debris. I rang the council to say that the people who cleared the road put all the debris in the car ripping the leather/ roof lining and asking them if they were going to pay for that !! Also one of the council workers went around the local area saying my partner was driving and he was drunk ! So I threatened legal action for slander and deformation of character. I heard nothing then in aug 2006 another letter I once again told them on the phone and also by letter. I was told when rang that the issue had been resolved and recived a verbal

apology. Today 20/07/09 a debt collector has called at my mothers house and left a letter regarding payment to the council for clearing the road. Anyone have any idea where I stand.

[Mossycat]

It's fairly common for Councils to charge for clearing a road of debris after an accident. Typically they send the bill to the registered keeper (or obtain details from a Police Report).

 

What you should have done in the first instance was to pass it on to your motor insurers who would have paid it and then claimed it back from the other party (if there was one and if they were responsible for the accident), you may well find that they will not accept this item of claim now, given the timescales.

 

It's a legitimate, if you don't pay it and it goes to Court you would probably he held liable for the debt.

 

Mossy

[aj24]

Not that easy was driving car on my policy 3rd party which I later after crash found out had been cancelled my my old partner even thou policy was in my name he had been a named driver for a month. He sent his sister into the insurance branch and she cancelled the policy ! So had to pay for all damage myself including what the council workers had done to the inside.

[lamma]

What 'debt' ? there is no credit agreement and it has not been crystallised in a judgment. Its just a claim. the problem was in not getting the resolution agreement with the council in writing so now they have 'forgotten' about it to try squeeze some money out. counter claim, (maybe after a conditional acceptance upon proof of claim to the debt company - they will not be able to prove so thats them done )> Do you still have the details of the repairs that were needed as the council workers unjustly used the vehicle as a skip.

[aj24]

I sent the council copys of quotes for the damage done to the car by the workers . I was thinking about ringing the debt collector in the morning asking for him to send me a copy of the credit agreement and anything relating to the claim. Surely they cant after 4 years of no contact suddenly send out the heavys !

[lamma]

what 'debt' its a claim from the council. the debt collection company will have no standing. I would ask them for proof of their claim (the debt collection company's). there can be no Letter of Assignment as the debt does not exist. If it was me I would just ignore the DCA, they are powerless no matter what words they use to try and trick you..

[Mossycat]

Usually I agree with lamma, but this time I don't.

 

If the OP was responsible for the car crash and a result of that was that work had to be done clearing the highway of debris then the OP is responsible for any associated costs. It's a valid item of claim and is usually dealt with by insurers.

 

There was a high profile case recently, some footballer from Man Utd who crashed a high powered sports car in a tunnel, the clean up bill for that was in the thousands and that was sent to him.

 

Ignoring this is a bad idea.

 

Mossy

[lamma]

When and how did the OP make any agreement or contract with the council to be liable for the clean up ? is this a statutory provision ? in the absence of either it just a claim.

[Mossycat]

It's not a contract.

 

The OP (or whoever caused the crash) was negligent, a result of that negligence was that the Council suffered a loss, the Council is now looking to the responsible party for compensation for damages/loss. You are right in the sense that it is a claim, much like the claim you would make if you were hit by another driver and you had to pay your excess, you would claim that back from the responsible party.

 

Councils routinely claim for items like this from drivers of cars, along with replacing motorway crash barriers, lamp posts, walls, etc.

 

As for time limits, they have I think 7 years to initiate a recovery (but I could be wrong on the period)

 

Mossy

[lamma]

I agree. So OP should submit counter claim for damage caused by the negligence of the council workers. Its just a negotiation at the moment. use of debt collectors is VERY premature by the council.

[Mossycat]

I agree. So OP should submit counter claim for damage caused by the negligence of the council workers. Its just a negotiation at the moment. use of debt collectors is VERY premature by the council.

 

I'd agree with that.

 

The Council were wrong to dump road debris in the OP's car, but it is usual to place any car parts from the vehicle back in the car (in case they may be needed for repair or inspection, and if the Council fail to do that they leave themselves open to a claim for them), but they should not have damaged the car in doing so, nor should they have used the car to dump any road debris into.

 

The problem the OP will have now is proving what the Council dumped inside the car and evidencing the damage he/she claims it caused to the car, but that is the basis of the Counterclaim.

 

The Council will have a much easeir job of showing their losses, they will produce the job sheet/work records showing the clean up of the road on the date of the accident. They will have recorded man hours and materials used and this will be the basis of their claim.

 

I would seriously try and negotiate it out with the Council before it gets to County Court level as I feel the Council are in the strongest postion here.

 

Mossy

[Mossycat]

Might be a good idea for a Mod to move this thread to the Insurance Section ?

 

Mossy