Hi, I had put in a claim for pot hole damage to my wheel almost a year ago with my local council. In true (and very late) fashion, they have returned with Section 58 of the Highways Act as their defence.
I ran a FOI request for the highway in question. I have noticed that the response to this request highlights that the council don't appear to have found any actionable defects for the whole of 2013.
My incident occurred in early 2014, the records show that the highway in question was surveyed:
2012: a total of three times
2013: a total of two times
2014: a total of one times
I have never made a claim before, and I am very new to this process. Does anyone have any tips on how I can successfully prove the are in the wrong? As far as I can see, they have performed surveys however, they have neglected to do anything about the dangerous pot holes. What amazes me also, is the fact that the pot holes still remain, completely untreated even after I have put in a claim.
According to their response letter (to my claim), there have been three insurance claims for this piece of highway. The notes say: 'pothole has been marked but not repaired 13/12/2013'.
If the pot hole I hit was marked in December 13, why is it still not repaired now?!!?
I ran a FOI request for the highway in question. I have noticed that the response to this request highlights that the council don't appear to have found any actionable defects for the whole of 2013.
My incident occurred in early 2014, the records show that the highway in question was surveyed:
2012: a total of three times
2013: a total of two times
2014: a total of one times
I have never made a claim before, and I am very new to this process. Does anyone have any tips on how I can successfully prove the are in the wrong? As far as I can see, they have performed surveys however, they have neglected to do anything about the dangerous pot holes. What amazes me also, is the fact that the pot holes still remain, completely untreated even after I have put in a claim.
According to their response letter (to my claim), there have been three insurance claims for this piece of highway. The notes say: 'pothole has been marked but not repaired 13/12/2013'.
If the pot hole I hit was marked in December 13, why is it still not repaired now?!!?
Council Section 58 Highways Defence for Pot Hole
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