Pothole claim

[Georgey48]

To briefly summarise: My car was damaged by a pot hole at the start of the year. The local authority ignored my claim until I sent a letter before action. They then decided that my claim was unsuccessful because they were unaware of the hole. I have already begun a civil claim and their defence is based on sec 41 and 58 of 2018 highways act. My plan is to demonstrate that the road is still, and has been in constant disrepair. Therefore their clause that they didn't know about the hole is invalid as the legislation that they are relying on is for "Well-Maintained Highways". Although I cannot prove it, they were aware of the hole as it was indicated on their own online map marked as repaired but the repair only lasted a week. Is there anything else I should consider ? Anything I can do to strengthen my case or anything I must avoid ? This is small claim track btw.

[des8]

Playing devil's advocate:

You state the "legislation that they are relying on is for "Well-Maintained Highways".
From where does that information come ?

The Highway Authority records show the hole as repaired.
You know the repair only lasted a week, but did the HA?
Did you report it to them?
Knowing the road was in poor condition did you not take extra care when using it to ensure you did not damage your vehicle?

Have you seen their inspection and maintenance logs pertaining to this road?

If it goes to a hearing, be prepared for some searching questioning

[Georgey48]

Playing devil's advocate:

You state the "legislation that they are relying on is for "Well-Maintained Highways".
From where does that information come ?

The Highway Authority records show the hole as repaired.
You know the repair only lasted a week, but did the HA?
Did you report it to them?
Knowing the road was in poor condition did you not take extra care when using it to ensure you did not damage your vehicle?

Have you seen their inspection and maintenance logs pertaining to this road?

If it goes to a hearing, be prepared for some searching questioning

Thank you Des,
Their management plan claims to be consistent with national guidelines ''Well Maintained Highways - Code of Practice for Highways Maintenance Management". No unfortunately Im not able to "prove" that they knew, of course it would be all very easy if I could prove any of this but unfortunately not. I use "a week" as general term, it may have been two or three weeks but it was a short time. The road was wet on the evening and all of the potholes were full to the road level. I was driving very cautiously but unfortunately I was still consumed. My point is that this whole inspection schedule is just a complete and utter lie ! The road is still falling apart and it couldn't possibly get into this state if it were to be genuinely inspected (even by an incompetent person). Should I request their inspection and maintenance logs by FOI do you think ?

[des8]

Well you do need to obtain as much information as possible, so I would try and obtain a copy of their logs.

"The Code of Practice for Highways Maintenance Management" is only advisory, not regulatory and is not legislative.
It is guidance only and does not have statutory effect BUT non-compliance with it may mean the local authority is unable to successfully mount a section 58 Highways Act 1980 defence.

[Georgey48]

Well you do need to obtain as much information as possible, so I would try and obtain a copy of their logs.

"The Code of Practice for Highways Maintenance Management" is only advisory, not regulatory and is not legislative.
It is guidance only and does not have statutory effect BUT non-compliance with it may mean the local authority is unable to successfully mount a section 58 Highways Act 1980 defence.

Thanks again Des, I will request these logs; im sure they all say that the inspections were all conducted to procedure and found the road surface to be in perfect condition even though it's clear that it has endured 20+ years of complete neglect.

[Georgey48]

UPDATE: Bit late but better late than never. I was successful in my hearing and was awarded my full claim plus costs. Thank you DES8 for your advice - getting hold of the logs was absolutely critical. I was able to prove that they lied and also fabricated evidence. The net result was that they had perjured themselves and so couldn't risk attending the hearing and so sent a barrister to concede in the opening seconds. I have made an official complain which they have ignored and now the ombudsman is looking at it.

[des8]

well done and thanks for the update