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PostPosted: Tue Oct 30, 2007 10:03 
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Does anybody have any experience of making a claim from a local authority for damage due a pot hole? My car was damaged by a hole in South Cambridgeshire. I made a claim which has been rejected on the grounds that ‘the council are only liable if it can be shown that a full system of inspection and repairs is in place’. Apparently when they last inspected the road the hole was not noted although they did repair it the day after I reported it.

Even if I believe them it seems that they inspected the road but missed the hole so they are not liable!!!

Any help would be much appreciated.


:(


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PostPosted: Tue Oct 30, 2007 10:21 
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You could ask for a copy of thier inspection record for that road for the last few visits under the freedom of information act and also for any pot hole reports buy members of the public.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Tue Oct 30, 2007 14:06 
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bad company wrote:
...I made a claim which has been rejected on the grounds that ‘the council are only liable if it can be shown that a full system of inspection and repairs is in place’. .. :(

Great - don't inspect and they can't be liable? Alternatively, run an (ineffective) inspection regime - and just respond to reports from the public?
Common sense suggests that it is thier responsibility - so why not test it in the Small Claims Court? The iniitial cost to you is dictated by the value of the claim and is not excessive - win and you recover your costs anyway.


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