Council Section 58 Highways Defence for Pot Hole

[des8]

Re: Council Section 58 Highways Defence for Pot Hole

Basically I agree with Wales, but before you send an LBA go through the checks here: http://www.potholes.co.uk/claims/assessing_defence
This is the site I referred you to last year (yep,it's been that long!)
As they say at the bottom "it's your call" and it might be worth while going over old ground and pointing out discrepancies once again, and reminding the council you haven't had the courtesy of a reply, before starting the court procedures

[henrygregory]

Re: Council Section 58 Highways Defence for Pot Hole

Basically I agree with Wales, but before you send an LBA go through the checks here: http://www.potholes.co.uk/claims/assessing_defence
This is the site I referred you to last year (yep,it's been that long!)
As they say at the bottom "it's your call" and it might be worth while going over old ground and pointing out discrepancies once again, and reminding the council you haven't had the courtesy of a reply, before starting the court procedures

Thank you again for your input. Today marks exactly one year since I submitted the claim.

How does this sound as an LBA. This is my first one, so go easy on me! I am more than happy to CC to the Council CEO as Wales usefully suggested...

Dear Sir or Madam,
It appears that the Legal Services Department for Useless County Council are yet to show me the courtesy of replying to my letter dated 30^th December 2014, Royal Mail Recorded bar code: XYZ.

Considering that this matter was first brought to the attention of Useless County Council on the 1^st of March 2014, one would expect any decent County Court to strongly consider the points I have raised in previous correspondence with this department. It would appear that Useless County Council are not only slap dash in their approach to make good their highways, but this unsatisfactory attitude continues into the Legal Department.

Alas, I hereby present Useless County Council with its final opportunity to rectify this situation before I initiate County Court Proceedings.

My current costs are outlined below, please bear in mind that if this department ignores this letter or does not respond within 14 working days, I will have no other option but to issue County Court Proceedings, and as a result, the costs will increase.
To date, the total costs are as outlined below:

1. Replacement tire £99.14
2. Time expense in obtaining replacement tire £18.00
3. Further chase up letters in time £18.00
4. 90 minutes of my time in measuring and photographing defects £27.00
5. December 2014 letter time to write, check details, verify it was correct £27.00
6. LBA letter sent March 2014 time to write £18.00
7. Stationary costs £3.50
8. Postal charges (2.34, 1.83) £3.17
9. Statutory interest yet to be calculated

Please respond to this letter urgently to avoid legal action.


Yours faithfully,

[wales01man]

Re: Council Section 58 Highways Defence for Pot Hole

I think that is brilliant lets hope they act on it

[Amethyst]

Re: Council Section 58 Highways Defence for Pot Hole

Needs a little bit amending to be a formal Letter Before Action. Reading back.

[Amethyst]

Re: Council Section 58 Highways Defence for Pot Hole

Okay change it as you like but put an ACTUAL DATE by which to respond to and put LBA at the top and reference your original complaint, plus though it is hard don't be narky or sarcastic with them Formal and professional.

----------------------------------------
Date

Dear Sir or Madam,(be better if you can ring up and get a name to address a formal legal letter before action to)

LETTER BEFORE ACTION
REFERENCE Complaint Ref XXXXX - Dated 1st March 2013

On 1st March 2014 I bought to the XXXXXX County Council's attention the damage caused to my vehicle due to the Council's failure to maintain the public highway to a reasonable standard.

I submitted a claim for the damage caused by my vehicle hitting a Pot Hole on the XXXX Road on XXXXXXXX.

The claim was as follows;

1. Replacement tire £99.14
2. Time expense in obtaining replacement tire £18.00
3. Further chase up letters in time £18.00
4. 90 minutes of my time in measuring and photographing defects £27.00
5. December 2014 letter time to write, check details, verify it was correct £27.00
6. LBA letter sent March 2014 time to write £18.00

I have since incurred further expense in dealing with this matter;

7. Stationary costs £3.50
8. Postal charges (2.34, 1.83) £3.17

I last wrote to your Legal Services Department on 30^th December 2014 sent by Royal Mail Recorded bar code: XYZ. I have yet to be offered the courtesy of a response.

The matter has been ongoing since xxxxx (date car was damaged). I have followed your formal complaints process and submitted a claim. I have further submitted more details regarding my claim as requested in letters dated xx/xx/xxxx, xx/xx/xxxx ..... and feel I have done more than enough to assist you in resolving my complaint.

Therefore I am left with no alternative than to pursue the matter of reimbursement through the County Court. This will add further costs to my claim.

To avoid this action you should respond to me, comprehensively detailing how you intend to resolve this issue, before 4pm on 17 March 2015.

Yours faithfully,

[henrygregory]

Re: Council Section 58 Highways Defence for Pot Hole

I think that is brilliant lets hope they act on it

Thanks

Needs a little bit amending to be a formal Letter Before Action. Reading back.

Thank you, and yes I agree about it being more formal and not so sarcastic, but I really struggled to put it a better way. Your modified version is just perfect, and I would very much like to use it if I can?
Don't worry about headings etc, these are all present in the original document, it was more the body of the letter I was interested in. I will also CC a copy to the Council CEO.
What has really frustrated me is firstly the total lack of interest by the Highways Department coupled with the increasingly dangerous state of our local roads. Whilst they have now filled the pot hole I hit, there are numerous others which are even worse now as they have been left for months and months.

Anyway, back to the matter in hand. Thank you very much for your input, it really is greatly appreciated. Hopefully my costs are not too over the top.

[henrygregory]

Re: Council Section 58 Highways Defence for Pot Hole

Hi there, I never got round to sending the LBA as when I went to print it last week, I finally got a response letter back from the council.
But it appears they still deny liability and are not budging.

Do you think it is worth me pursuing this and sending an LBA and then proceeding with legal action?

[des8]

Re: Council Section 58 Highways Defence for Pot Hole

Well I wouldn't expect them to roll over and pay up.
You will have to decide if the council were correct in designating the pothole as not dangerous and classifying it P4.
I note they haven't actually said WHY it was so designated, but (without going back over the thread) I recall the size and depth of both holes exceeded that for which repair became mandatory.
Ignoring your costs (which are mainly your time) your loss is about £100.
You must consider if it is worth the hassle & stress (and costs if you lose :tinysmile_cry_t of going to court.
I regret no one else can make that decision.

[henrygregory]

Re: Council Section 58 Highways Defence for Pot Hole

Well I wouldn't expect them to roll over and pay up.
You will have to decide if the council were correct in designating the pothole as not dangerous and classifying it P4.
I note they haven't actually said WHY it was so designated, but (without going back over the thread) I recall the size and depth of both holes exceeded that for which repair became mandatory.
Ignoring your costs (which are mainly your time) your loss is about £100.
You must consider if it is worth the hassle & stress (and costs if you lose :tinysmile_cry_t of going to court.
I regret no one else can make that decision.

Thank you for all of your information, I agree, it is something only I can decide on. I am clear on everything other than the part where you say:

You must consider if it is worth the hassle & stress (and costs if you lose :tinysmile_cry_t of going to court.

What sort of costs would I incur if I loose? Would I have to pay the Council's costs or are you just referring to the initial Small Claims fee I would need to pay to create a case?

Thanks as always for your valuable opinions and help :tinysmile_twink_t2:

[des8]

Re: Council Section 58 Highways Defence for Pot Hole

Costs (CPR 27.14) are down to the judge.
I doubt you would have to pay for the cost of council employee attending, but there is the possibility of expert witness costs
To be honest the caveat was added automatically. If the case involves an individual, costs could include a day's wages up to £90 plus unlimited travel expenses and overnight stay costs if applicable.
mea culpa!