Any Legal experts about, who can give me some advice?? :) - HotUKDeals
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Any Legal experts about, who can give me some advice?? :)

Chuckles1001 Avatar
6y, 10m agoPosted 6 years, 10 months ago
Hi All,

Yesterday my OH was driving down a main road in Nottingham, at about 25mph on a 30mph road (As she had just got onto the road from a junction) and she hit a massive pothole that has broken her wheel (at about 6pm in the dark). We took it to Quick Fit today and they said the wheel needs replacing, and said she should go to a scrap yard get a wheel and they would put her new tire back on the wheel she buys (She had 4 new tires about 6 months ago). He also said we should go and take a picture of the hole, so we went back down there today at about 3pm and the pothole had just been filled (The asphalt was still soft), we took a picture of the newly filled pothole. Cant believe they filled it between 6pm on saturday & 3pm on a sunday, it must be cheaper to fix the roads ealier in normal working hours!.

My Question is how should i go about making a claim against the council, and if they say there was no pothole there, can i get the info of when they pothole was filled or can they use the data protection act not to give it to me???
The man in quickfit said the same thing happened to him and when he went to take pictures it had been filled within 30 mins, and the council said they had not filled it so bascially called him a liar, thats why i asked about the info and the data protection act.

Thanks guys and rep to whomever can help.
Chuckles1001 Avatar
6y, 10m agoPosted 6 years, 10 months ago
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#2
UNLESS they were aware of it and had sprayed white marking around to indicate to the road crew it needed doing you can't claim :x:x:x

I took them to court for EXACTLY the same thing and it got binned by M'LAUD as they had inspected the road 2 months before so had carried out there 'statuary legal obligation' :x.

No one had reported the one I trashed a £300 renault alloy on :roll:, sorry but forget it !!

BUT you could take them to court and demand the repairs for the last 3 months to that area, IF they are specific ???
#3
Afraid so like big boy says, if they are not aware then they cant be held liable, if someone else had reported it then you can, i had a case on me motorbike where it smashed the rim, as i was stranded for a while a chap came along and said "i reported that this morning" cos of that i was able to prove the council were negligent and so was successful in my claim
#4


big-boy
UNLESS they were aware of it and had sprayed white marking around to indicate to the road crew it needed doing you can't claim :x:x:x

I took them to court for EXACTLY the same thing and it got binned by M'LAUD as they had inspected the road 2 months before so had carried out there 'statuary legal obligation' :x.

No one had reported the one I trashed a £300 renault alloy on :roll:, sorry but forget it !!

BUT you could take them to court and demand the repairs for the last 3 months to that area, IF they are specific ???


Thanks for the replies - I'll definately check out the link.

The hole didn't have a white line around it however it was directly outside the entrance to a council office - I even took a photo including the entrance sign to it! I don't see how they can say they didn't know about it but I'm sure they'll try!
#5
I thought the law stood that as long as the pothole was deeper then 40mm and you could prove it, and that it caused the damage (photos and bills) then you could claim it off your council.

However, I could be mistaken, but I know my mate done this after I told him of the above and he got £120 back. Also there was no white mark round it either as i went to take the photo with him.
#6
Surely the fresh apshalt is proof that there was a hole and nobody but the council fills them do they ?
#7
awoodhall2003
I thought the law stood that as long as the pothole was deeper then 40mm and you could prove it, and that it caused the damage (photos and bills) then you could claim it off your council.

However, I could be mistaken, but I know my mate done this after I told him of the above and he got £120 back. Also there was no white mark round it either as i went to take the photo with him.


s it was a busy road in the dark i could not get pictures unless I stopped traffic which would have been to dangerous, and when i went back today it was filled in. So they must have know about it to fix it between 6pm and 3pm on a saturday & Sunday & it was outside the entrance to a council building. I would say it was over 40mm as the tarmac was gone and the hardcore was gone as well, but i cant prove it. I only have photots of the patchwork, Will have to see if a garage can say the damage is recent and done from a pothole then tomorrow. Thanks mate :)
#8
I went through this a couple of years ago. Had to buy a new wheel and tyre, claimed and lost. I had photos and everything, my pothole was over 2 foot long. It had wiped out over 10 cars during rush hour, including a police car.
#9
tallpete33
Surely the fresh apshalt is proof that there was a hole and nobody but the council fills them do they ?


I hope that is the case

pinkleponkle
I went through this a couple of years ago. Had to buy a new wheel and tyre, claimed and lost. I had photos and everything, my pothole was over 2 foot long. It had wiped out over 10 cars during rush hour, including a police car.


This pothole was about 3' wide and 2' long and I think it was at least 10cm deep, but cant prove the deapth as its filled in now. Wonder if someone else has reported it and is making a claim, and has proof, if they can then tell me it was not that big?

What council was it BTW?
#10
Without any pictures im pretty sure you are fcked
#11
The only mistake I did was not going through my insurance, if you have free legal cover then let them do the work. I think it's easy to palm off an idividual. I had multiple photographs all with a tape measure. I also had a police officer (who wiped out their patrol car) details as well as 3 witnesses (who all wiped out).
#12
similar situation happened to my mother she took pics and asked a community special to witness it as they are friends. it took about 6-7 months but she had £200 for the repair work and £100 compensation, but suppose it depends on your area

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