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The Council

by Pothole Picasso

13 May 2017

Went to small claims court against the council's solicitors this is not advisable. I never got to even show the judge the council's neglect in maintaining the road.
Thrown out on a technicality in the car lease companies documents. They then tried to hit me with costs.
I was claiming £500 for wheel damage and the council's have spent over £3600 on solicitors costs which they really did try and stick on me but the judge wouldn't allow it .
My main defence was the TAMP it states 84 days 12 weeks to repair D response pot holes council was doing working days which is actually 117 days 17 weeks not what the TAMP states.
So the council were prepared to spend stupid amounts to a Solicitor than pay me.
Things to do before court.
Go for freedom of information requests
Go to the information commissioner office if what they supplied is not what what you requested.
Above all be very polite do not issue threats they will use this against you. Be persistent . Never get abusive or personal think about what you are writing in letters and emails
Ask the council for work details these will have accurate data on with maps. They are reluctant to give you this information which comes from the handheld devices they use when doing inspections.
If you are going to court against a Solicitor get a Solicitor yourself. I would not ever do this again without one. Or if you hit a pothole claim through you own insurance and get them to chase the case against the council. Or a no win no fee Solicitor. Or you might have free legal representation on a bank account or credit card if you paid for your repairs with one.
So a moral victory for me but not the day in court I had planned.

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Comments (5)

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Many such pothole-related accident cases are reporting every day. It is disappointing to watch why the authorities remain silent even after so many cases had been reported on this louvre museum tour issue. Such life-threatening carelessness by govt is really shameful.

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