Basically, hit a pol hole which took a chunk out my tyre and a dent in my arch, sent pics and a long letter in detail, and heres the reply...

Dear Dom

Further to previous correspondence and discussions in respect of this matter, I can confirm I have had the opportunity to consider your claim in full based on the relevant legislation and tort of negligence.

The decision reached is a repudiation of your claim.

Under section 41 of the highways act, 1980, a statutory duty is imposed on the council to maintain any highways and footpaths under its control.

If the council has failed to do this, it would be negligent for a breach of its duty of care.

However section 58 of the act provides a statutory defence and a discharge of liability, not withstanding any other defence or contributory negligence, if the council can demonstrate that they have in place a reasonable system of inspection and maintenance for such highways and paths, based on the character and type of highway in question as prescribed by local risk management and supported by the national code of practice.

In respect of your claim, the council inspects the area of highway in question on a monthly basis, the last inspection being the 13th june 2007. all defects at council intervention level for the areas inspected were repaired accordingly.

In the period between the council must rely on a third party- for example a member of the public- to advise them of any defects. Any intervention level defects detected in an inspection will be repaired, 28 days isa the standard repair time frame. Any complaints in this intervening period will be investigated and if necessary remedial work undertaken, within the reasonable timeframe of 28 days.

There were no complaints about the strech of highway in question between the date of the last inspection and the date of your incident.

It follows that if the council are not aware of a defect, they cannot reasonably be expected to forsee any damage to a vehicle caused by this unknown defect and by the same accord, if a defect is below intervention level, they are not responsible for any damage caused. Once aware, they then have the reasonable time limit to take action.

The sttrech of highway was inspected following your complaint and the hole was considered not to be a defect. This is because overall dimensiomns of the hole fell under the intervention level required for it to be deemed a defect and this in need of repair under the highways act (1980)

Based on the above, the council has taken all steps to fulfil their statutory duty of care by undertaking a documented system of highways inspection and maintenace. They have not been negligent and are not liable for the repairs to your vehicle. Whilst I sympathise, please be aware that their is no automatic right to compensation in a claim of this nature and the fact that a pot hole exists does not immediately imply negligence by the council for the reasons clearly set out, therefore claim denied under section 58 of the highways act (1980)

Yours sincerely blah bah

Right then....what you guys think? Seems they have excuses for everything, but I don't wanna let this drop tbh......

any advice for letters to reply or should I leave it at that?

anyone done the same?

Discuss..

TBH the statutory defence pretty much gets them off the hook. The standard in law that the council adheres to is not that they must repair all holes in the road, but that they must have a system of inspection to detect and repair holes which exceed a certain size. Basically if the council had to repair all the holes, no matter how big or small, or how long they'd been there, then the cost would be prohibitive.

Sorry to say, but I'm not sure you're going to get anywhere with this one.

Look on the internet at the NRSWA - New roads and street works act ...

This is the law that they must abide to .. i had this problem with my local council ...

There is a road with loads of potholes on it which i travel on everyday to work ..

Get a camera out and go and measure these potholes and take a couple of snapps ..

Send them a copy of this document outlining the act ..

This will make you sound more profesional and therefore make them act upon the complaint .

They were unable to give me any compensation as it was a independant gas companys drain cover that damaged my car .. However they swiftly passed the info on and the potholes were filled within days ..

Wish i had got a new coil though .. it snapped my spring .

Hopefully that will help ..

Oh yeah always head your letter FORMAL COMPLAINT

sorry to say it dude but let it go, you wont get no where, i had exactly same problem, they talked to me like i was shit too, the pot hole was a metre long...

just admit defeat, their logic is wrong, so wrong, i let mine go on for nearly 6 7 month, as a last resort, document everything, and take them to the small claims court, coz behind all the shit of laws etc

there was a dirty great hole in the road that fucked your wheel, quite simply

but future reference

if it happens again

1. get your mate to ring up and report the pot hole

2. give it a few days and do the same route again, (I'm pritty sure they wont have fixed it by then) and then make out that the accident happend then.

3. when they send the usual bullshit ask for the report, and there it will be the complaint of the same pot hole.

you have much more grounds now for a claim to be paid

i hate the nice people

Its all legal bullshit... All big compainies do it.. Fom my experiance follow it up threatening you'll go see a solicitor and take them to court for damages. My friend in leeds hit a pothole on his push bike and killed it, along with his face. the coucil basically fobbed him off. so he went legal, and won. the council HAVE a right to look after the roads in the interest of public safety, the 1 month thing is bullshit. its all a stndard letter to scare you into leaving i alone.

Generally they will pay you out your 500 quid in damages if you claim as it'll cost them less then going to court.. Its all about the dollor and how to get away with givng less out with these fucking bastard wank companies.

EDIT: go see one of those FREE no win no fee companies. they'll do all the reasearch for you, if you wont win, they wont take the case and you wont pay a penny either way, even if they do/dont take it or you win/loose. nothing to loose then and you do no research!

Edited 13 August, 200719 yr by MrP