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Use the Freedom of Information Act

by apvm66

15 Oct 2010

My son's girlfriend damaged her car to the value of £360 in at pothole on a local main road.
A claim was made to a local council, but it was rejected as they claiming statutory defence under Section 58 of the 1980 Highways Act.
I followed potholes.co.uk advice and asked for inspection reports and procedures as allowed by the FoIA.
The claim was then resubmitted and once agin rejected.
Using the FoIA again I asked if any compensation had ever been paid for a pothole damage claim and if so on what basis could they claim Section 58 as statutory defence.
Within 1 week of this request they have agreed to a full settlement.
Do not tkae no for an answer and use the FoIA to the full.

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Comments (2)

dizibird posted : 02/01/11 at 8.19pm

Hi, can you clarify something for me? When you say you wrote asking " if any compensation had ever been paid for a pothole damage claim and if so on what basis could they claim Section 58 as statutory defence" did you ask if the claim was on the road that your sons girlfrind did the damage on or was it a general question for that particular authority? I've just had a claim rejected so any help with wording etc would be much appreciated :) Thank you.rn

RBuck posted : 20/10/10 at 3.03pm

A fantastic effort and great bit of innovation being displayed there - well done!

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