Fifty Posted September 6, 2004 Share Posted September 6, 2004 Just got a letter from the Council to say they wont pay for my wheels I damaged on the rock last month. They say they inspected the road on June 1 1 th; thereby idemyifying them from any claim as this falls within the ststutory 13 week inspection period. Are they bulshitting me? Any other ideas of what I might do? Fifty:eek: Quote Link to comment Share on other sites More sharing options...
Jake Posted September 6, 2004 Share Posted September 6, 2004 Sounds like BS. Surely, if the road isn't safe it's their responsibility. Consider instigating Small Claims proceedings. You can do it on-line nowadays : www.moneyclaim.gov.uk That'll get their attention. Quote Link to comment Share on other sites More sharing options...
Terminator Posted September 6, 2004 Share Posted September 6, 2004 So by their statement they are suggesting that the rock got there after the inspection. It would be interesting to know when the road was resurfaced, as the rock from what I reacall had tar on it. Quote Link to comment Share on other sites More sharing options...
Bobbeh Posted September 6, 2004 Share Posted September 6, 2004 13 week inspection period sounds a bit high, its the same response as what my dad got when he pot holed one of his, although their inspection period was significantly shorter. Quote Link to comment Share on other sites More sharing options...
Fifty Posted September 6, 2004 Author Share Posted September 6, 2004 OK all; thanks for the link Jake; fancy you can sue who youlike on-line - marvellous!! I'll have to do some checking on the legislation? anyone a lawyer? hehe. Seems crackers; someone could have been killed. The typical response " not our responsibility", perhaps Ill refuse to pay Council Tax to cover it. fIFTY Quote Link to comment Share on other sites More sharing options...
suprastorm Posted September 7, 2004 Share Posted September 7, 2004 you should have asked when the road was last inspected before telling then about the wheel. Quote Link to comment Share on other sites More sharing options...
terribleturner Posted September 12, 2004 Share Posted September 12, 2004 My girlfriend had a similar experience with south bucks council, which is still ongoing. She basically went over a pothole and damaged her front tyre. After writing to the council and filling in all of the forms, she eventually got a letter back from them stating that because the road in question was only recently serviced the council can not be held accountable for the damages to her car. But she wrote back to the council saying it was an unacceptable response, and she required further proof that a) the road was recently serviced and b) that a suitable survey was carried out on that stretch of road which would indicate that only 1 monthly servicing was enough. (or in your case 13 weeks) Then she mentioned taking this further to the Highways Agency (complaints department) and local to the ombudsman (who deals with poor council services [you can get the name of your local ombudsman of the internet - I can't remember the website name off hand - try google]) if they didn't reconsider their position and provide a more satisfactory response. The latest letter received stated that they are investigating the incidence further and will be in contact shortly. From what you are saying I would suggest that your council is just trying it on and I would push for further information and drop in a few important names like your local ombudsman. You never know it may work Quote Link to comment Share on other sites More sharing options...
Branners Posted September 12, 2004 Share Posted September 12, 2004 Apparently if you have the pot hole reported and THEN damage your wheel you can claim as they then knew about the problem... Probably too late in most of these cases but something to bear in mind JB Quote Link to comment Share on other sites More sharing options...
Terminator Posted September 12, 2004 Share Posted September 12, 2004 Good tip John:D Ineresting approach ; pot holes or defects don't exist unless reported or found in an inspection. Quote Link to comment Share on other sites More sharing options...
Fifty Posted September 12, 2004 Author Share Posted September 12, 2004 Thanks for the info TT Hope your gf gets compensation; I will write letter tomorrow 50:D Quote Link to comment Share on other sites More sharing options...
SupraPito Posted September 12, 2004 Share Posted September 12, 2004 dont take no for an answer, they will deny responsibility until you start to take legal proceedings. I pushed hard, took photos, and the lawyer of the council even had the balls to say I was a wreckless driver, so I scribbled some notes on the letter they sent with words such as defamation, inaccurate, misleading etc and they must have thought it was from a lawyer!! I then applied to small claims, £60 to register, and then they decided to settle out of court including costs. took a few months but the feeling was of satisfaction!! Quote Link to comment Share on other sites More sharing options...
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