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Post by clunes on Aug 19, 2017 22:41:24 GMT
So, After 23 years of driving and numerous potholes my luck ran ont today. Hit a pothole and within seconds the TPMS flagged 0.0PSI in the tyre. Fortunately (or not given the £££) I have run flats so could make it the short journey home (only a couple of miles) then on to the garage to get the tyre checked but there is a huge split in the sidewall so a new boot required. Even more frustrating is that I only replaced the front tyres (due to a large screw in one) a few weeks back so it's practically a brand new tyre. Add in the need to get it resolved asap removing the Internet options and I'm left with a (significantly) over £200 bill to replace. Complaint to be registered with Herts CC tomorrow once I have photo evidence (I also have my dashcam) and fingers crossed they will reimburse but rather frustrating/annoying. Anyway, just felt like a rant  |
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Post by Roadsterstu on Aug 20, 2017 15:05:41 GMT
I feel your pain. A pair of fronts being fitted later this week as a result of picking up a large screw but the alignment was already out after clattering across the cratered shit that constitutes the South Glos section of the Fosse Way.
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Post by ChrisM on Aug 20, 2017 17:00:24 GMT
I wish you luck but I don't know if you will get anywhere.... a good few years back now, when mum and dad were driving back from the local Sainsburys, they went over a pothole that resulted in the terrifying sound of gunfire as both nearside tyres were cut through, and one of the alloys was buckled. They had to call the AA.
They started trying to claim from Guildford Borough council and eventually handed it over as an insurance claim but even the insurers couldn't get anywhere as the council claimed that they were unaware of the pothole; it had not previously been reported and there were no paint rings round it indicating that it was due for attention
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Post by humphreythepug on Aug 20, 2017 17:57:52 GMT
A woman at work, her son wrecked both his wheel and tyre due to a pot hole, he did get the money back but if took months of to-ing and fro-ing, he even had to provide proof of a FSH; WTF!
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Post by clunes on Aug 20, 2017 18:56:48 GMT
I'm not expecting to get the money back TBH but will still try. A few local folk have had a surprisingly good experience with Herts CC so it's worth a go.
Very frustrating and I'm hoping the alloy is ok - will find out in the morning!
O.
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Post by Tim on Aug 21, 2017 13:21:03 GMT
I wrecked a 4 day old, £200, tyre (and a 2/3 worn rear) on a pothole earlier this year.
I didn't bother going anywhere near the council as I have tried previously.
If the hole hasn't been marked then, basically, tough shit.
If it's been marked within the last 7 days then, again, tough shit.
This applies to my local council so may not be the case across the UK.
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Post by racingteatray on Aug 21, 2017 13:26:41 GMT
I fail to see the relevance of it being marked myself. The council should have a duty of care regardless of knowledge. Ignorance of the law is famously no defence if you have committed an offence. Ignorance of a pothole should not absolve a council for responsibility for damage caused by it.
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Post by Bob Sacamano v2.0 on Aug 21, 2017 14:48:40 GMT
I fail to see the relevance of it being marked myself. The council should have a duty of care regardless of knowledge. Ignorance of the law is famously no defence if you have committed an offence. Ignorance of a pothole should not absolve a council for responsibility for damage caused by it. I believe this is why some people have started carrying a can of white or yellow spray paint. In the event of hitting an unmarked pothole they can mark it themselves and throw the responsibility back to the council. |
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Post by clunes on Aug 21, 2017 15:12:00 GMT
I posted on the local Facebook page and mixed results from others in the county.
One gentleman has been successful even when the hole/fault wasn't marked by raising it in the small claims court.
New tyre fitted and tracking etc all sorted now so managed to get back to the place it happened and it's actually a depressed manhole that did the damage - it's not that deep but quite a sharp ridge so I've definitely caught it badly - there was a 2" split in the sidewall of the tyre.
Fault raised with the council - will raise a claim and see how little of a shit they actually give.
O.
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Post by Bob Sacamano v2.0 on Aug 21, 2017 15:25:33 GMT
I posted on the local Facebook page and mixed results from others in the county. One gentleman has been successful even when the hole/fault wasn't marked by raising it in the small claims court. New tyre fitted and tracking etc all sorted now so managed to get back to the place it happened and it's actually a depressed manhole that did the damage - it's not that deep but quite a sharp ridge so I've definitely caught it badly - there was a 2" split in the sidewall of the tyre. Fault raised with the council - will raise a claim and see how little of a shit they actually give. O. In all seriousness that's the way to go, small claims court. Work through the process, inform the council what you're doing, and if they don't defend the case it will be awarded in your favour. If they still don't pay up you then send the bailiffs in. I've had a couple of big organisations think I'm bluffing, only to choke on their doughnuts when big blokes turn up in receptions and start doing an inventory of everything they can see for seizure. npower didn't believe me when I said I was invoicing them £80 for the time and trouble it took to get a refund when I changed energy suppliers. They found the hard way that they had to cough that up too. |
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Post by Big Blue on Aug 23, 2017 5:58:40 GMT
I fail to see the relevance of it being marked myself. The council should have a duty of care regardless of knowledge. Ignorance of the law is famously no defence if you have committed an offence. Ignorance of a pothole should not absolve a council for responsibility for damage caused by it. I've long held the same view with regards to potholes / shitty roads. If a train derails due to a faulty rail or point-set Network Rail don't just shrug their shoulders and say "no one reported that bit of rail head was damaged", rather they get fucked over for it big time. |
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Post by Tim on Aug 23, 2017 9:50:40 GMT
I fail to see the relevance of it being marked myself. The council should have a duty of care regardless of knowledge. Ignorance of the law is famously no defence if you have committed an offence. Ignorance of a pothole should not absolve a council for responsibility for damage caused by it. I've long held the same view with regards to potholes / shitty roads. If a train derails due to a faulty rail or point-set Network Rail don't just shrug their shoulders and say "no one reported that bit of rail head was damaged", rather they get fucked over for it big time.
I've actually thought for a while that potholes should be reported as some sort of crime, after all you can get into a lot of trouble for dangerous driving so what about dangerous neglect of the roads?
The hole I went through that damaged my tyres was just before a 60mph corner. What if the tyre had deflated or, even worse, what if sustained exposure to potholes had damaged the wheel and this was the hole that broke it? I could've easily ended up in a field or hitting something coming the other way.
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Post by Boxer6 on Aug 23, 2017 15:20:42 GMT
I've long held the same view with regards to potholes / shitty roads. If a train derails due to a faulty rail or point-set Network Rail don't just shrug their shoulders and say "no one reported that bit of rail head was damaged", rather they get fucked over for it big time.
I've actually thought for a while that potholes should be reported as some sort of crime, after all you can get into a lot of trouble for dangerous driving so what about dangerous neglect of the roads?
The hole I went through that damaged my tyres was just before a 60mph corner. What if the tyre had deflated or, even worse, what if sustained exposure to potholes had damaged the wheel and this was the hole that broke it? I could've easily ended up in a field or hitting something coming the other way.
Hit something like that on a bike and the results could easily be fatal. I'm sure I've read of exactly that on more than one occasion, but no idea what the outcome(s) may have been. |
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Post by Tim on Aug 23, 2017 15:23:00 GMT
Simple, it'll get blamed on excessive speed!!
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Post by johnc on Aug 23, 2017 15:53:06 GMT
I saw a motorbike get his back wheel stuck in a rut which had appeared down the middle of the road (over a few months) just leaving the Canniesburn roundabout on to the Switchback. The guy had a bit of a moment but stayed upright. I reported it when I got to work and said it could have been fatal. It was fixed by the next day. I have reported the state of the entrance to my road which now has a large "ditch" but nothing has been done about that presumably because the only thing it damages is cars.
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Post by Tim on Aug 23, 2017 15:55:03 GMT
I've found with Fife Council that if you report the hole online and leave your email address for a 'receipt' the hole is attended to quickly whereas if you do it anonymously they are noticeably slower.
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Post by grampa on Aug 24, 2017 14:37:18 GMT
In all seriousness that's the way to go, small claims court. Work through the process, inform the council what you're doing, and if they don't defend the case it will be awarded in your favour. If they still don't pay up you then send the bailiffs in. I've had a couple of big organisations think I'm bluffing, only to choke on their doughnuts when big blokes turn up in receptions and start doing an inventory of everything they can see for seizure. npower didn't believe me when I said I was invoicing them £80 for the time and trouble it took to get a refund when I changed energy suppliers. They found the hard way that they had to cough that up too. I nearly got as far as that when my tyre and wheel were ruined when I hit a pothole near Cirencester - Gloucestershire must have the worst roads I've ever seen and the hole I hit was huge - could have easily caused a fatal motorcycle accident. I gathered a lot of evidence - all the pot holes that were reported and hadn't been fixed etc plus when I looked into things further, their responsibility to maintain roads ran a lot further than they claimed. They weren't prepared to talk to me other than through their solicitors who were obviously briefed to just about blank any conversation. So I was thinking of taking them to the small claims court, but I was worried about costs should I lose the claim (which came to a total of just over £800) and just let it slide in the end - if it all went pear shaped from my point of view, what could I be in for? And is there any time limit to initiate such a claim - the incident was in June 2015. |
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Post by LandieMark on Aug 24, 2017 14:54:02 GMT
Unless you claim is completely frivolous and/or vexatious, you don't get costs awarded in the small claims court. The most you would have been out of pocket had you lost was the court fee and the original claim.
Statue of limitations is three years.
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Post by grampa on Aug 24, 2017 15:49:25 GMT
Ta - I might just have a go a getting the buggers - it was their attitude that annoyed me more than anything - it was kind of, "how on earth do you expect us to keep our main A roads in good condition"
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