Pot holes claiming from the council. Good / bad experience ?

Pot holes claiming from the council. Good / bad experience ?

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carphotographer

Original Poster:

502 posts

202 months

Tuesday 27th June 2023
quotequote all
Just wondered if anyone has successor made a claim ?
My claim was refused and I was quoted by the councils solicitor Section 58 of the Highways Act 1980
Local authorities typically refuse all claims as a first step, quoting Section 58 of the Highways Act 1980. Section 58 offers a ‘catch all’ defence, and means the council is saying it took all reasonable steps to maintain the road, and that potholes were dealt with in a timely manner.
Four weeks after I contacted the solicitor asking for proof when the road was last inspected and crucially why the pot hole that had caused two flat tyres had not been coned off or repaired. Within 4 hours I get a form to fill and a email saying my will be paid.


Tinatharpe

1 posts

15 months

Wednesday 9th August 2023
quotequote all
carphotographer said:
Just wondered if anyone has successor made a claim ?
My claim was refused and I was quoted by the councils solicitor Section 58 of the Highways Act 1980
Local authorities typically refuse all claims as a first step, quoting Section 58 of the Highways Act 1980. Section 58 offers a ‘catch all’ defence, and means the council is saying it took all reasonable steps to maintain the road, and that potholes were dealt with in a timely manner.
Four weeks after I contacted the solicitor asking for proof when the road was last inspected and crucially why the pot hole that had caused two flat tyres had not been coned off or repaired. Within 4 hours I get a form to fill and a email saying my will be paid.
Hello,

Initially denied under section 58, I pressed for inspection records and reasons for inaction. Within hours of my inquiry, offered compensation for pothole damage. Successful outcome after evidence request.