by Not Impressed
11 May 2010
I Guess ive been one of the unlucky ones, I work in Blackburn Lancashire and every day drive the same road, there has been potholes on this road for as long as i can remember, and unfortunately for me i was unlucky enough to hit one and cause my car to snap a coil spring and knock out the tracking, costing me in the region of £100 to repair. As i work in the industry so to speak i reported it to the local Highways inspector directly instead of going through the rigmoral of customer complaints. I was advised to put in writing to the councils insurance department and issue a claim against them for the reinbursement of my costs. This was 5 months ago, and now after numerous phone calls and letters backwarding and forwarding i am told that the council accept no liability for the pot hole as they attended a highways inspection on NOvember the 18th and there was no problem, since then obviously we have had the terrible weather and the roads have been very badly hit, this i acceptr, what i dont accept is the arrogance and obvious contempt of the council insureres to deny that there is a problem, I am told that they are absolved of any responsibilty under Section 58 in the fact that they inspected the road as part of the half yearly inspection plans almost 10 weeks earlier, they have upheld theyre obligations. What naffs me off more than anything else is that they absolutly insist that they have done nothing wrong, despite this pothole growing on a daily basis, now taking up approximately 1.0meter square of the highway, and is approximately one inch deep, there is heavy vehicles which use this road, HGV's delivery wagons to the local tesco and a abbatoir, it is also an access link to the motorway and a local business trading estate, buty apparently that doesnt matter. How many more people have to be affected by this problem before the council are big enough to accept and take ownership of the problems?. I wonder??? I'm still out of pocket and still facing this pot hole everyday i travel to and from work............if the shoe had been on the other foot and it was a utility company that had failed on a reinstatement then the council would have been all to quick to condem and read the riot act, seems to me there are dual standards, and there is no-one with the balls to challenge them. Im just one little fish in a very big sea, but for every little fish that has to spend £100 for unforseen repairs caused by a failure on the highways part, it peeves me and frustrates me..................What do i actually pay my council tax and road tax for, well it certainly isnt the highways maintenance thats for sure. I have no w decided that i will get no further in persuing my claim, as they have decided that beyond all reason they will not accept they are in any way to blame. I just feel sorry for the next poor person who damages their car in the same spot, maybe they will have more luck!
Check out www.alloywheelrepairs.net for buckled or bent pothole damaged wheels, Del can fix anything, unfortunately he does not deal directly with insurance companies, you need to do that. But he will provide reciept with damage reported on it, in order to claim against insurance companies.
Have you requested a freedom of information act on the road? If you take a look at the step-by-step guideo n here (under how to claim) it may give you some ideas by which to go about fighting this. Also to clarify you have reported the pothole and the council are not planning to do anything about it? Surely they have informed you of scheduled works for the problem? If this is the case and the hole is as you say it may be that the council do not classify the hole as a pothole yet. Some councils wait for it to become a certain size before admitting that it needs to be repaired. Obviously this can be rediculous at times as in your instance where you have indicated there is a growing problem and they are waiting for it to worsen before addressing it!
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