A letter to the council...
A letter to the council...
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Discussion

roboxm3

Original Poster:

2,485 posts

224 months

Thursday 11th December 2008
quotequote all
This morning, due 100% to the state of the road, I dropped my motorcycle.

No major damage and no injuries but I'm absolutely seething right now, due mainly to the fact that the road was covered in mud, certainly had not been cleaned any time recently and; in my opinion, caused my little accident and probably a couple of hundred £ of damage to the bike.

If anyone has had any luck in writing to a council regarding a similar matter and better still (although unlikely) getting anything out of them, your input would be greatfully received.

Yours angrilly

Rob

ps. many thanks in advance

Emsman

7,345 posts

219 months

Thursday 11th December 2008
quotequote all
I managed to squeeze the s for a few quid a year or so back after dropping into a pothole the size of Elton Johns ahole.

Take a few photos of where you dropped it, write and adsise of the size of the bill (or an invoice, it has to be done anyway if damaged) and write a really polite letter, asking for a contribution. Do not mention blame or compensation, but do finish the letter with the thinly veiled notion of going to the press.

GOod luck.

Ive just had to tax my vehicle, and the roads in my village are worse than most, 185 quid for a piece of paper. Robbing s.

Adrian W

15,496 posts

257 months

Thursday 11th December 2008
quotequote all
i thought you are supposed to find whoever dropped the mud.............good luck

roboxm3

Original Poster:

2,485 posts

224 months

Thursday 11th December 2008
quotequote all
Adrian W said:
i thought you are supposed to find whoever dropped the mud.............good luck
The mud is from the surrounding construction sites (Olympic area) however, I've spoken to a few guys in the office and have been told that responsibility for the road's condition still lies with the council, who will then persue the appropriate contractor for any costs.

SimonV8ster

13,003 posts

257 months

Thursday 11th December 2008
quotequote all
Its not really the councils fault though is it ?? If the mud has been dropped by a farmer or a near by construction site then I think you've got to approach them ??

roboxm3

Original Poster:

2,485 posts

224 months

Thursday 11th December 2008
quotequote all
SimonV8ster said:
Its not really the councils fault though is it ?? If the mud has been dropped by a farmer or a near by construction site then I think you've got to approach them ??
It may not be their fault but I'm pretty sure (from what I've been told) it's still their responsibility i.e. you can't delegate responsibility, legally.
It's down the the council to then persue the contractor / farmer etc.

GKP

15,099 posts

270 months

Thursday 11th December 2008
quotequote all
It also depends when the mud you slipped on, was dropped. The council can't be expected to follow each lorry with road sweeper just in case. If the mud had been there for a few days, then yes, you 'might' have a claim.
They might, instead, just give you a book of vouchers for Specsavers and tell you to get on your (dented) bike.

roboxm3

Original Poster:

2,485 posts

224 months

Thursday 11th December 2008
quotequote all
GKP said:
It also depends when the mud you slipped on, was dropped. The council can't be expected to follow each lorry with road sweeper just in case. If the mud had been there for a few days, then yes, you 'might' have a claim.
They might, instead, just give you a book of vouchers for Specsavers and tell you to get on your (dented) bike.
Very true, which is why I'm tempted not to wait 'til lunchtime (by which time the road may have been cleaned) to go and get pics!?

It's got to be worth a strongly worded letter, either way??

Emsman

7,345 posts

219 months

Thursday 11th December 2008
quotequote all
Write the letter, and be aware that most contractors will have allowed for a roadsweeper at least once a week in their prelims.

Normally a friday, so get photos done today.

Councils should also be aware of where any major construction is taking place, and should inspect it to ensure it maintains minimum levels of cleanliness.


zcacogp

11,239 posts

273 months

Thursday 11th December 2008
quotequote all
If it's their fault then definitely write to them.

Get two quotes for the cost of the damage, and include them in the quote. And, of course, some good photos of the mud in question.

Tell them that your bike is available for them to inspect at your convenience.

When they don't reply, write again informing them that if they don't reply to your satisfaction in two weeks you will take the issue up in court.

When they don't reply to that, start court action. A summons may well get them thinking a little more sharply in short order.

Given the speed with which the council would start court action against you should you not pay your council tax, this is not in any way unreasonable, and you should be able to reasonably expect them to maintain the road to a safe standard. Yes, safe - if you are falling off your motorbike because they aren't maintaining the road then it is unsafe.


Oli.

roboxm3

Original Poster:

2,485 posts

224 months

Thursday 11th December 2008
quotequote all
zcacogp said:
If it's their fault then definitely write to them.

Get two quotes for the cost of the damage, and include them in the quote. And, of course, some good photos of the mud in question.

Tell them that your bike is available for them to inspect at your convenience.

When they don't reply, write again informing them that if they don't reply to your satisfaction in two weeks you will take the issue up in court.

When they don't reply to that, start court action. A summons may well get them thinking a little more sharply in short order.

Given the speed with which the council would start court action against you should you not pay your council tax, this is not in any way unreasonable, and you should be able to reasonably expect them to maintain the road to a safe standard. Yes, safe - if you are falling off your motorbike because they aren't maintaining the road then it is unsafe.


Oli.
Sounds like a good plan, thanks for the advise mate, photographs have been taken and a strongly worded (but polite-ish) letter will be penned shortly.

Nolar Dog

8,786 posts

224 months

Thursday 11th December 2008
quotequote all
If it was that bad could you not have seen the mud and avoided it?

roboxm3

Original Poster:

2,485 posts

224 months

Thursday 11th December 2008
quotequote all
Nolar Dog said:
If it was that bad could you not have seen the mud and avoided it?
Not without a hover-bike, no. It's pretty stty all over the road and not that easy to spot the worst bits in the light of 07:20ish.