Consider Your Case
Consider Your Case – Alloy Wheel Refurbishment And Repair
Consider your case carefully – if the council’s inspection policy mirrors the national code and they’ve followed what they are supposed to, your claim is unlikely to succeed.
Ultimately, whether or noRefurbishmentt the authority you’re attempting to claim from has a defence under Section 58 is for the Court to decide. However, you can assess their defence yourself to see whether or not you think you could make a case. Always keep in mind that their defence might be quite robust and you might not win.
Armed with your FOI information, information about the scene, and your copy of the national code of practice, these are the key questions you need to ask in relation to your claim;
Was the road given an adequate hierarchy classification based on its usage and location? Check the table and descriptions in Section 9 of the national code. Taking into account its hierarchy classification, or what you believe the classification should have been, was the road safety inspected at the recommended frequency?
- Was the road safety inspected at a proper speed? Judgements suggest that speeds of over 25mph are too fast for identifying defects in the road.
- Did the location have a history of potholes being reported? If so, had the authority increased the number of safety inspections of the road?
Was the pothole you hit not considered dangerous by the authority because it was not big/deep enough? (Note – generally, potholes less than 40mm deep are not accepted in Court as being dangerous to vehicles.) If so, do their standards compare to national recommendations?
If the authority has adopted the national code, have they complied with it?Whilst it is your decision whether or not to proceed any further, if you honestly answer “yes” to all the above, your claim is probably not going to succeed.Inform them that you don’t consider that they have satisfied Section 58.Making threats about solicitors and Court at this point probably won’t help, and you might want to wait for their response first.
If there are any discrepancies, however, the best course of action is to write back to the authority or the claims handler, pointing out these discrepancies and including evidence in the form of paperwork and/or photographs. Again, be very careful with what you write and/or say.If you do find a discrepancy, don’t assume they will now simply pay you. There could be a perfectly reasonable explanation for the discrepancy, or you might have mis-interpreted the information. They might even be happy to defend the discrepancy in Court.
If the authority still refuses you claim, you will have to decide how to proceed. Small claims are a popular and cost effective way of taking action for small amounts, and they can now be completed online at www.moneyclaim.gov.uk.