Good thinking  RRS gone
Audi SQ5...Gone Audi Q7 S-Line 240 3.0TDI Gone
Audi A6 Allroad Sport 270 3.0TDI

This site might be useful

http://www.potholes.co.uk/claims/how_to_claim Wanted a Series 2 LR since childhood but previously owned MY16 Disco Sport HSE TD4 Auto, MY13 RR Sport Black Edition TDV6 Auto, MY10 RR Sport HSE TDV6 Auto, 2007 Freelander 1 Freestyle TD4 Soft Top, 2009 Freelander 2 GS TD4 Auto, 2007 Freelander 2 GS TD4, 2004 Disco 2 Metropolis Auto, 2002 Disco 2 GS, 2000 Freelander 1 SE TD4 SW

Still hoping for a S2 one day!

They have a "reasonable amount of time" to fix once a pothole is reported and can show that they have carried out a road survey (dependant on whether its an A, B type road). This may help:

Section 41 of the Highways Act imposes upon the County Council the duty to maintain
highways. To ensure that our obligations are met the County Council has in place a
system of inspection for roads and footways.
The frequency of inspections varies, dependent upon the classification of the
road/footways. When a defect is identified at an inspection or otherwise reported,
necessary repairs will be carried out.

In law, for a claim against a highway authority to succeed, it is necessary for the claimant
to prove that
• the highway in question has not been maintained appropriately with regard to its
importance and use and was therefore dangerous
• this was the direct cause of their accident.
If these can be proved then it is for the highway authority to demonstrate that it took all
reasonable steps to ensure the highway was safe. In practice, this means that all
inspections and repairs carried out form the basis of the authority’s statutory defence
against any claim under the Highways Act 1980.

This is typically where it all becomes woolly. The words "appropriately" and "obligations" are your enemies here. Witnesses or not, date and time of them reporting or not, if the council show they have made all reasonable and appropriate efforts to maintain the highway they have met their obligation and you were just unlucky.

It sucks, but as always legislation has been changed due to the dire way our road taxation is diverted elsewhere and not spent as it should be on the damn roads. .

Good luck.  L322 Big Daddy SUPERCHARGED 5.0 Autobiography - Here & Now!

5 series for the miles

RRS S/C factory built HST - Gone

45 others have been and gone!

What happened to the phrase "where there's blaim there's a claim" If someone broke their ankle down that pot hole then they could successfully claim, just like awd man's RRS did, broke its ankle, whats the difference?
Ady

Ady 555 wrote:

What happened to the phrase "where there's blaim there's a claim" If someone broke their ankle down that pot hole then they could successfully claim, just like awd man's RRS did, broke its ankle, whats the difference?
Ady

Aha, that's where the words persecution and motorist seamlessly coexist together, the difference is that we collectively are very easy targets. What applies to individuals and where flesh and bone is involved falls under differing legislation, namely personal injury. If you buckle a wheel on your prized "Striker" worth £25 whilst riding down that street and you are perhaps thrown off your bike and graze your arm the council would not have a leg to stand on, blame culture and "no win no fee" runs towards you like an out of control stallion............the law requires you to have no tax and have no insurance and yet damage to a "vehicle" sic bike that does not belong in real terms, would be deemed a local catastrophe, cue local rag etc showing how the person and his belongings have been ruined, cue immediate payout for publicity reasons by the council etc.

if however you do pay tax, have insurance and in real terms have absolute legal right to use the said carriageway aka the motorists tarmac highway, something that incidentally you pay for maintenance wise and for physical use, and they have a get out of jail card from the outset with their little Highways Act jitty. Not our fault guvvna, we did our best, cue cuts imposed from govt, not enough people paying council tax, sob sob sob.......all horseshite naturally, even during the good times they F d us over with third world class roads.

Criminal yes, expected absolutely. Moral of the story, ride a bike! W s. As a motorist, we are all dooooooooommmmmeeeeeedddddddd.  L322 Big Daddy SUPERCHARGED 5.0 Autobiography - Here & Now!

5 series for the miles

RRS S/C factory built HST - Gone

45 others have been and gone!

if the council do claim that they werent aware of it..ask them when they last inspected the road...the have a duty to conduct regular inspections, which they have to provide you details of if you ask...then get the evidence from the locals so if road was claimed to be inspected after locals saw the pothole first you have a valid claim

if the council do claim that they werent aware of it..ask them when they last inspected the road...the have a duty to conduct regular inspections, which they have to provide you details of if you ask...then get the evidence from the locals so if road was claimed to be inspected after locals saw the pothole first you have a valid claim