Council responsibility, etc

Does anyone know?

 

Are the local kids now driving their radio controlled cars into them, in an effort to avoid your M5's tyres?

 

Honest John is always going on about it in the Telegraph, and probably on his website too. More being paid in compensation than in maintaining the roads, apparently.

http://www.potholes.co.uk for lots of advice

 

If I remember correctly, if its a council maintained highway and a pothole has been reported more than 5 days prior to you having an incident with it (assuming you have) then you have a case to claim.

If you are the first person to report it, they have a set period of time to effect repairs, but you dont have a case for compensation

again - its only from memory

 

When HertsCC tried to fark me off with bullshit, I gave 'em 7 days before I added my time charges & put it into the small claims court.

I could hear the crunching of reverse gears frome here & the kites soon appeared...

The sooner we start hurting these knuts where it matters (pockets) the sooner things may change.

 

When I tried to claim some money for a scuffed alloy caused by a pothole (hidden by a puddle of water) I got no where.

Apparently the local council just have to demonstrate they have checked the road for potholes every so often. If I remember rightly every so often being once every 12 months, but not 100% on this.

Not sure how this stands up to legal challenge as I did not pursue it any further following a few frustrating phone calls and the receipt of a "evidence" that the road in question had been checked and repaired within the period.

 

I can remember it being something like this.

 

I'd heard that if the hole is reported, they need to fix it in 24 hours.

They only need to actually check the road annually.

 

Fortunately, the neighbours had reported the one in question and it had been found to be 'fine' three months earlier. I don't believe they can actually find any records, so really, it's your witness (!) against them.

They have to have been given reasonable time to repair it (3weeks IIRC, unless it's an emergency).

I suppose you could always find one that's JUST been repaired and have the incident there!

They came out to repair mine a few days after I put in the claim. And then again a fortnight later to do the far king job properly this time. Honestly, death's too good for 'em!

 

Most councils work to a depth of anything over 25mm is classified as a safety defect.If it a serious safety issue then most councils operate a 2 or 24 hour repair plan. The rule of it having to be reported before a claim is made is not strictly true, it all depends on the councils inspection regime and when it was last inspected. In most instances all roads have to be inspected at least every six months and main roads on a monthly basis. If the council inspection records show there was a history of safety defects in the area and there was a small pothole recorded but not repaired then they will pay out because they know the court will find in your favour. Or if the pothole was ordered for repair and the council contractor hasnt completed it within the alloted time they are legally obliged to pay out as well. Most orders have a 7 or 28 day time period. If the pothole is in an existing repair then most utilty companies/contractors have a 2 year maintanence period , the claim will be passed to them and they will have to pay.

Its all ways worth claiming as most are paid if you chase them. I know this because im one of the councils basic maintenence contractors and have to deal with hundreds of dubious claims a year