Car Talk - Non S2000 General Motoring and Non S2000 Car Talk

The law on potholes

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Old Mar 27, 2008 | 12:40 AM
  #21  
AdrianEagle's Avatar
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Joined: Apr 2003
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From: Llandudno
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There goes the Eagle putting his old man into the thick of things again!!

Easy peasy.

1) Get evidence, photographs etc.

2) Note exact time and date and place.

3) Write to Local Authority - this may be County or Community depends who is responsible for maintenance.

4) Write (Recorded Delivery) or ask for a Claim Form explaining incident and claiming cost of repair or replacement.

5) If no luck give them 21 days to settle - you may by now be dealing with their Insurance Company.

6) If they don't cough up issue a Summons through your local County Court which will normally be heard through the Small Claims Track. (Note: There is no such thing as a Small Claims Court)

7) The Court will normally give you help in completing your claim although it is quite simple. You also claim costs and interest if applicable.

8) The case will be listed and you go into a room with the Judge and your adversaries and have a chat about it, the Judge makes a decision and that's it.

9) I have never had to attend Court in a Tyre or wheel case as they have all been settled prior to the hearing as the cost of defending the case for the other side is probably prohibitive.

10) There is one famous and interesting case about a Television that I had against a National Company but I will leave that to another day.

11) Plenty of leaflets available on line and if it is money only that you are claiming you can do the whole thing on line. Try

http://www.hmcourts-service.gov.uk/infoabo...laims/index.htm

http://www.hmcourts-service.gov.uk/o...ices/index.htm

If stuck PM me - however my fees are astronomical and certainly more than Paper Lawyer's are liable to be!!!
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Old Mar 27, 2008 | 08:44 AM
  #22  
Nick Graves's Avatar
 
Joined: Mar 2001
Posts: 31,181
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From: Hertford
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Thing is, this 'no comeback clause' is being used by the roads, railways infrastructure, major building projects, etc to scam absolutely squillions out of the taxpayer.

Yet does any of it ever get reported? Does anyone ever get any sort of reprimand in it (these are Gov't quangos; that was rhetorical)?

Where's my far king hush money then?
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