Small claim against Edinburgh council

[Conor1980]

I am wondering if someone could help. After receiving the response posted under, is it worth me going to the small claims court. There was no warning of a very deep dangerous pothole in the middle of a badly lit road, that was also invisible in the wet.
it has cost me over £700 to fix my car. The damage was dont at under 15mph.
i know it is a lot to read but i would appreciate any advice as i am suffering mobility issues at the moment and cant get to citizens advice.

Regards
Conor


Dear Mr Toomey,

We write in reference to your claim and confirm receipt of the report from City of Edinburgh Council Financial Services.

We will offer compensation only if you can show the Council legally has to. You must prove that the Council was at fault. This usually means that you need to show the Council did not take reasonable care, broke a contract, or did not follow a written law. The Council must maintain certain roads and pavements. However, you are not likely to prove liability if they operate a reasonable inspection system to identify defects. We must advise you that our client has in operation a regular system of inspection of highways in their area, with the area of your incident being subject to monthly inspection.

At the last safety inspection before this incident, carried out on 06 February 2024, the defect was noted on this inspection. A 60-day repair ticket was raised by the Council and the defect was fixed on 17 February 2024.

Unfortunately, your incident has occurred within this time and therefore, we consider that our client has not been in breach of their statutory duties and moreover that they have taken reasonable care in the circumstances to ensure the safety of the highway. Whilst we have every sympathy with you, we regret we are unable to offer any compensation on this occasion.

However, if you still wish to pursue your claim, going forward, we advise you of your rights to seek independent legal advice on your case, if you wish to do so. This can be obtained free from the Citizens Advice Bureau. Ultimately you can pursue your claim through the small claims court for a Judge to review and give a final verdict. If you choose to take the matter through the small claims court, please issue proceedings against our client and serve them on our client direct.

Yours sincerely,

Kedia Silveira-Rattray | Claims Adjuster | Gallagher Bassett

Central Admin, 4th Floor, North Felaw Maltings, 48 Felaw Street, Ipswich, Suffolk, IP2 8PN

Direct Dial: -

[JK2054]

i mean personally to me it seems they are accepting it but saying they didn't have enough time to repair it.

seems pretty easy case to me I'll be honest.

bit like me saying that yes I layed a bed of nails on the road but as you drove over them within 60 days im not liable....

[echat11]

If you've lodged a formal complaint in writing, had a final response / deadlock letter and are still unhappy.

Make sure you have the evidence, lodge a complaint with the SPSO.

https://www.spso.org.uk/