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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
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#1
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Hello,
bad night for all concerned in my town. MASSIVE pothole in the road, I go over it at 20ish, and my offside front wheel is buggered, along with possibly the back wheel. Had to change the back wheel. 2 different vehicles go past and say 'that happened to me earlier' - so why was I the only frigging person to shove a cone lying nearby in front of it?! Anyway, I've got some rubbish camera phone (3 megapixel my arse sony ericjimbob, they look attrocious...) pictures, but obviously without the use of a ruler in it, it's just a picture of a hole in the dark, with street-lighting and a xeon flash, so it's not exactly decent. There a number of photographs of the area that I have uploaded he http://s119.photobucket.com/albums/o135/davergla/ Note that the hole had been filled in when I went back to get some semi-decent pictures, as you will notice the pictures in the dark taken with a phone camera aren't fantastic, although I think they do display that the depth of the pothole is pretty deep if you're going over it at any speed over 5mph. I came back with a sony cybershot job later on, 15 minutes in fact only to find the hole filled in with something that must've surely been done by our council, I'm guessing. What can I do? Right now I know I need a new front offside wheel, but I'm worried that after I get the suspension and everything else checked out at a local garage, there will be a large repair bill. It's a 5 year old car I was using today, to give it a checkover, so I don't doubt the suspension and other parts may have been nearing replacement-time for safety reasons anyway. Thanks, David. |
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#2
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David R wrote:
Hello, bad night for all concerned in my town. MASSIVE pothole in the road, I go over it at 20ish, and my offside front wheel is buggered, along with possibly the back wheel. Had to change the back wheel. 2 different vehicles go past and say 'that happened to me earlier' - so why was I the only frigging person to shove a cone lying nearby in front of it?! Anyway, I've got some rubbish camera phone (3 megapixel my arse sony ericjimbob, they look attrocious...) pictures, but obviously without the use of a ruler in it, it's just a picture of a hole in the dark, with street-lighting and a xeon flash, so it's not exactly decent. There a number of photographs of the area that I have uploaded he http://s119.photobucket.com/albums/o135/davergla/ You should have taken a picture of hole + cone, then hole, with cone submerged to the deepest part of the hole. However, they presumably knew about the hole - you can probably get information about it under FOIA. As a first step, ring the council, and see what they say. |
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#3
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#4
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"Tx2" wrote in message
T... In article , says... bad night for all concerned in my town. MASSIVE pothole in the road Looks like a puddle in the night shots, and a not uncommon bit of bodge Mcadam in the daylight ones. If it was /that/ bad, and you are /that/ concerned, methinks better photo 'evidence' is required. What have the local authority said? Well I was hardly given an opportunity to take pictures, was I? The daylight ones seem like 'bodge', as the hole was just filled in as I came back with a camera. So I'm afraid that as I do not carry a measuring tape or 5 megapixel camera with decent flash and manual-focus that I could not take adequate pictures at the time. It *is* that bad, I know of 3 people personally who have experienced it, and without telling the garage the problem, have been reported similar repair costs of £300. That's just the people I personally know, there *will* be many others who had the same problem. |
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#5
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On Fri, 15 Dec 2006 15:30:08 +0000, "David R"
wrote: snip What can I do? Right now I know I need a new front offside wheel, but I'm worried that after I get the suspension and everything else checked out at a local garage, there will be a large repair bill. It's a 5 year old car I was using today, to give it a checkover, so I don't doubt the suspension and other parts may have been nearing replacement-time for safety reasons anyway. There is not necessarily *anything* you can do. You would need to find some evidence that the hole had been there for a significant period before being dealt with. From the sound of it, the hole was only there for a few hours, and if they can show that they have procedures in place for dealing with any reported to them, and procedures for checking themselves at reasonable intervals, they are unlikely to have any liability. I know you feel that it was not your fault, so somebody should be compensating you, but it isn't necessarily anybody else's fault either. -- Alex Heney, Global Villager If money could talk, it would say goodbye. To reply by email, my address is alexATheneyDOTplusDOTcom |
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#6
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"Alex Heney" wrote in message
... On Fri, 15 Dec 2006 15:30:08 +0000, "David R" There is not necessarily *anything* you can do. You would need to find some evidence that the hole had been there for a significant period before being dealt with. From the sound of it, the hole was only there for a few hours, and if they can show that they have procedures in place for dealing with any reported to them, and procedures for checking themselves at reasonable intervals, they are unlikely to have any liability. I know you feel that it was not your fault, so somebody should be compensating you, but it isn't necessarily anybody else's fault either. The hole was there for 3 days in total I am reliably informed. I wasn't in the area for those few days, also why I had no prior local knowledge of it. I understand what you're saying mind you. I still suspect that on the day it happened, someone would have phoned the council to complain, as the number of people with flat tyres my friends and relatives seesn beside it sounds pretty high. It's dark up here in Scotland a lot, so any lack of light made the thing quite hard to see. Will phone the council on Monday and update on the situation though. |
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#7
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#8
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On Sat, 16 Dec 2006 11:00:15 +0000, "David R"
wrote: Will phone the council on Monday and update on the situation though. You're not alone in this - see previous posts - URL:http://groups.google.co.uk/groups/search?q=group%3Auk.legal.*+pothole&start=0&scorin g=d&hl=en&ie=UTF-8&oe=UTF-8&. Councils are quite used to receiving requests for compensation. Put a claim in writing. Daytona |
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#9
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"Tx2" wrote in message
T... I was merely pointing out that the pictures didn't really do justice for the severity you imply. No need to have a hissy fit and take your frustration out on me for telling you how it is. If you show those to a Council official, where is the proof of how deep the hole actually was? It wasn't taking a hissy fit, I had nothing in the car to shove in the hole. Then there would be the argument 'well how big WAS his wallet....was it a wallet? was it a miniture-wallet?' |
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#10
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David R wrote:
"Tx2" wrote in message T... In article , says... bad night for all concerned in my town. MASSIVE pothole in the road Looks like a puddle in the night shots, and a not uncommon bit of bodge Mcadam in the daylight ones. If it was /that/ bad, and you are /that/ concerned, methinks better photo 'evidence' is required. What have the local authority said? Well I was hardly given an opportunity to take pictures, was I? The daylight ones seem like 'bodge', as the hole was just filled in as I came back with a camera. So I'm afraid that as I do not carry a measuring tape or 5 megapixel camera with decent flash and manual-focus that I could not take adequate pictures at the time. Bale out the hole with something, or poke the traffic cone down to the deepest bit, and then take a picture. The cone gives a perfectly good scale. |
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