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Pothole claim problems

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I hit a pothole back in August which damaged my tyre and wheel resulting in me having to purchase a brand new wheel and tyre.

 

I reported the pothole, and got a reply that the hole did require attention.

 

Once I had my car repaired I sen the council a claim form along with photo's of the hole and damage to my wheel.

 

And I'm pretty annoyed right now as this is the reply I received from the council legal department:

 

(I had to take a photo of the letter as I have no scanner right now)

 

Page 1

photo2_zps1563b135.jpg

 

Page 2

photo1_zps39b9ad6b.jpg

 

Could someone out there in the know point me in the right direction to go with so?

 

Thanks

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Are you aware that the pot hole has existed for a while? Is it in a residential street where you could possibly ask locals to confirm the condition of the road? They say that the area was previously repaired on 30th July so at least they acknowledge that there was a problem. But a lot can happen to a road surface repair in a month, particularly if it was a typical 'patch up job'.

 

If you are able to establish that the pot hole hasn't 'just appeared' and you have photo evidence backed up by other evidence, then you may have a case to pursue the matter in the small claims court. But if you do obtain such evidence, they seem to be inviting you to send it to them first.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Typical Council 'go away little man' letter. I would be sending them another similar to the first and quoting their replay but headed 'Letter Before Action'. It will only cost around £35 to bring an action.

 

If you can get more evidence as in Sailor Sams post, then even better.

 

It can be done on line. Have a read, but don't threaten if your not prepared to go through with it.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

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You would need to scan copies of the inspection records for people to look at as these are where your claim would succeed or fail. If there is a reasonable system of inspection the under s.58 the Council will have a defence.

 

As has been mentioned if you can get witnesses to give statements that the particular pothole in question that caused the damage was there prior to the last inspection and nothing was done to fix it you may have a chance.

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You could look on Google Street View for evidence of the pothole. The date the image was taken is at the bottom left of the screen, which may help to establish if it's been there over a long period of time.

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You could look on Google Street View for evidence of the pothole. The date the image was taken is at the bottom left of the screen, which may help to establish if it's been there over a long period of time.

 

There are pot holes there at the edge of the road in the same place my car got damaged, but the google images are from 2008.

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I am going to sit down and have a read on here tomorrow as I have ben a bit busy, I will also try get some scans of the past reports.

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Devils advocate (from experience) questions below

 

 

Did you require recovery from the road where the pothole exists ?

 

Did you retain proof from the recovery company ?

 

How much was the replacement tyre ?

 

How much was the replacement wheel ?

 

Did you buy new or second hand ?

 

Have you kept the orignal tyre and wheel for inspection ?

 

Is it a BMW ?

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