Front wheel damage from a pothole

[dufus]

Smix they fukk*s aint they.

I would imagine they refuse everyone at the 1st attempt.

(1) If you have recieved a written confirmation of refusal, phone them and ask you should send the papers too, they will ask what papers? you reply you are going to the small claims court to recover the cost of your damage caused by thier negelect to maintain the highways to a safe and acceptable standard. Again then ask do you send the summons to the person who refused the claim or the director of the said local authority,trust me they dont like it.

(2) Then you must actually go to the small claims court, lodge a claim against the council for this you must include all costs though, i.e. all bike damage(with reciepts,estimates) the cost of any time off due to the accident and time off to attend the court date, hire of vehicles etc and lastly the cost of the claim itself(normally isn't much more than ?60)

(3) then begins the patience bit, they will drag it out until more or less the court date but in general once they realise you are seriuos and won't be just fobbed off they normally see sense.

In business it's called calculated risk.... it's cheaper to pay out than mend the road so they dont mend the road and take a risk.. it's that risk that they took with your safety that is the winning point. They will use this too when they calculate wether the cost of defending and losing the action is cheaper than paying you out.

Unfortuneatly with councils it is simple a patience thing but you should win and recover your damages and costs

 

[Smix]

Have received the letter.


They won't pay because they inspected (apparently) the road on the 1st March. And so they don't feel that there could have been anything wrong with the road by the 6th March when I hit the hole. (Which is of course in my imagination even though the non-existant hole was fixed within 24hrs of my reporting it!)


So - yes I will be taking it further!

I have the opportunity to meet with the Director of Highways for the area on Friday morning, and with a top bod from the council (someone else in the area is having a big fight with them (no not physica), and has asked me to join in!!!)

So - cross fingers - just means I won't be at SOSB site as early as planned!

 

[Smix]

http://www.bikersoracle.com/blackbird/forum/showthread.php?p=328961#post328961

 

[bunny]

Happened to a mate o' mine Smix,Buckled his wheel in a pot hole fortunatelyhe managed to get home,went back in his car and took photographs of the hole
Council filled hole in within 24hrs and tried do deny any knowledge of hole.

Then mate told them he had photographs.......Anyway he got a new wheel and tyre out of them.

 

[Smix]

Well - these guys are just being nasty - I sent them the photos with the claim letter!! They still reckon the road was ok cos it was inspected!!!! :bang: c7u8

 

[fatboystew5]

Heard that they only have to show that the road is regularly inspected and therefore if they have inspected it recently, that would show they have followed and complied with their obligations.

Its when they don't inspect and repair a road for a certain time that they become liable. For many roads they only have to inspect annually or something.

Good luck anyway. Is it worth taking advice of a solicitor familiar with bike issues like this? There are often adverts in the back of RiDE / TWO / BIKE etc...

sh1tehppns

 

[Smix]

don't disagree, if the hole wasn't so huge!! No way was that acceptable when it was inspected!! and I am told that th hole had been there for some time, obviously no proof, but it didn't appear in five days, so they need to retrain their inspectors I reckon!!!! :}:}

 

[ericonblackbird]

IMO they are bluffing, nice strong letter saying see you in Court if you don't settle within 14 days is needed!

 

[fatboystew5]

don't disagree, if the hole wasn't so huge!! No way was that acceptable when it was inspected!! and I am told that th hole had been there for some time, obviously no proof, but it didn't appear in five days, so they need to retrain their inspectors I reckon!!!! :}:}

Smix, if you think the hole had been there before the road was 'apparently' inspected 5 or 6 days before, then you or your solicitor (if you go down that route) will need evidence, as you say. Best way to achieve this is to canvas residents (in a nice way, of course!) and see if any of the locals saw the hole and will confirm in writing that the pothole was there for a certain time, ie long before the council say it was checked.
That way, you have evidence that the council did not comply with their obligations and you are more likely to win!
You could try door-to-door knocking or run off a small flyer on your PC outlining briefly what you want and you may get a reply or two!

Good luck!

 

[Smix]

I'll both of your advice - but first - the meeting with the top Highways bod tomorrow morning!!! :yo: :yo: :yo:


xx

 

[derek kelly]

I'll both of your advice - but first - the meeting with the top Highways bod tomorrow morning!!! :yo: :yo: :yo:


xx

It would be better if you got evidence that the hole has been there a while before you speak to the top bod, then hit him with all your ammo

 

[dufus]

Or failing that smix use the old reverse of the reverse

Ask them if they checked if only days before and then this whopping hole appeared from nowhere are they to assume then that on this particular stretch of road it is so unsafe and that it warrants an immediate assesment with all the correct health and safety issues and highways depratment shutting the road down until the whole stretch has been assesed as safe for no more immediate "worm syndrome"

I may babble on a bit but I know what I mean

either it had no hole then in days later it had a crater in which case they must close the road to asess it for health and safety reasons orrrrr
they talking bolloxs and trying to say your lying(when they know your probably not) and trying to put you off.

I would also ask for a copy of the inspection report once you have lodged the small claim action. They cannot refuse it to you as it is evidence and you have a right to it in regards to the claim and the freedom of information act.

On the freedom of information act also you can ask to see the last 5 years costings and spend for road repairs, this may infact show
(1) they have spent a shed load on a well known faulty road or
(2) they have negelected the road for some time
I bet the dates will apear interesting.

Good luck and if all else fails, give em a punch in the pancreas

 

[Smix]

DK - unfortunately I'm seeing them at 10.30 tomorrow, and so have no time to collect evidence before then. But see what they say morrow, the leaflets might get put through the doors soon!


Dufus - I get what you mean. Might try that too. And if I have to lodge the claim through the court, I'll be asking for everything I can !!!!!!!!

:k:k

 

[Smix]

Looks like the TV prog will be on tomorrow at 8pm on ITV - its called Road to Ruin. I shall be hiding from 7.58p onwards!!!

 

[ianrobbo1]

not up here it's not, a programme called fraud frenzy about how the banks are ripping us off is on, so it will be nearly as enthralling as your's smixy babe!! :dunno:

 

[bunny]

Looks like the TV prog will be on tomorrow at 8pm on ITV - its called Road to Ruin. I shall be hiding from 7.58p onwards!!!

You on the Telly tomorrow then Smix.....A star at last.:yo: :yo:

 

[Smix]

not up here it's not, a programme called fraud frenzy about how the banks are ripping us off is on, so it will be nearly as enthralling as your's smixy babe!! :dunno:

ah - well in the paper and on the listings on the www, fraud frenzy in on friday at 8pm - but the sky listings say FF is on Monday and RR is on Friday!! :}:} Who knows!!!!!!!!!

 

[Smix]

You on the Telly tomorrow then Smix.....A star at last.:yo: :yo:

looks like - or friday!! h1d1ng2 not sure about the star bit though!! h1d1ng2

 

[bunny]

But I reckon you're a star anyway....:k

 

[Smix]

But I reckon you're a star anyway....:k

aawww hunny :blush: thank you :k