Challenging a refused pot hole claim - waste of time?

Challenging a refused pot hole claim - waste of time?

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SV_WDC

Original Poster:

812 posts

96 months

Monday 9th September
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Looking for advice from someone who may have been through this.

Hit a pot hole on Easter Sunday which shredded the sidewall of my tyre and needed a recovery.

Claim submitted to the council with width & depth measurements (inc photos).

Council rejecting the claim saying they inspect the road 12x / year & last checked it 3 days before my incident, therefore they are not liable.

Is this going to be enough evidence to challenge it?:
- It appeared on fixmystreet that the same pot hole was reported in Jan, the council responded saying it would be fixed within 10 working days but the ticket was never closed or updated, unlike mine, which was (when they repaired it)
- The photos from the time of the incident show the wider road which doesn't show any signs of repairs for other pot holes

Feel like this is probably going to be a waste of time. Wondering if a FOI request will show any accurate records or would they have to photograph a road which is fine?

The amount being claimed is approx £240

BertBert

19,681 posts

218 months

Monday 9th September
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Are you wanting to show that the pothole was there when they inspected and they've done nothing?

Simpo Two

87,030 posts

272 months

Monday 9th September
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SV_WDC said:
- It appeared on fixmystreet that the same pot hole was reported in Jan, the council responded saying it would be fixed within 10 working days but the ticket was never closed or updated, unlike mine, which was (when they repaired it)
When did they repair it? If it was after your claim that's pretty good proof the pothole was there when you hit it.

Checking or inspecting a road doesn't mean it had no potholes, it just means they looked at the pothole and went off for tea.

richhead

1,632 posts

18 months

Monday 9th September
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I do think that the more people that kick up a fuss, the better, maybe they would then repair them and properly if its hurting them in the wallet, i would give it a go, what do you have to loose?
However on the other side, i do think you are wasting your time, but nothing ventured, nothing gained.

guitarcarfanatic

1,778 posts

142 months

Monday 9th September
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Request repair records, surveying schedules etc.

I had this, fought and won. It was faff though and for £200, I wouldn't have probably bothered!

QBee

21,400 posts

151 months

Tuesday 10th September
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If they don't initially reject most if not all claims, they will be in the dock for £££ millions in claims.
Claims rejected serve to tell the likes of you and I that it's not worth claiming.

These are claims that are arising because national government have failed to maintain the roads for the last 50 years, and have instead passed the buck to councils (along with social care and education), and have then squezzed them to obilivion financially year after year.

I am considering making a claim for £700 for two tyres on a company Tesla, shredded by an enormous pothole in Wiltshire that was full of water so not visible. And concluding that it's not worth the hassle, time and risk of losing. On our electric vehicle fleet (5 cars) the only maintenance expenses this year have been 4 burst tyres due to potholes.

If it bothers you keep fighting.