Wheel damaged by pothole - who to contact?

[Lycra Man]

On Monday I was out for an evening ride, and on leaving Sherston in Wiltshire, heading towards Acton Turville, the road dips down and goes round a right hand bend. As I was picking up speed, and is was getting dusk - 9.20pm - I was on top of the pothole before I could avoid it. The outcome? Two damaged wheels but no puncture.

I managed to ride back to my lodgings, in Bristol, but braking was a very juddery affair.

The road is the B4040, but it's within the village/town boundary, in my opinion.

I would like to make representations to the local council or highways authority to claim for costs of two replacement wheels.

Any advice on tracking down the right people?

Lycra Man

[andygates]

Start with the council.  If it's the HA, they'll tell you so.

[rafletcher]

Yep, local council Roads department would be a good start - and to report the pothole too.

[TheLurker]

Might be an idea to record it on the CTC's pothole site (www.fillthathole.org ?) cos (iirc) when it's officially vetted/logged/accepted the responsible authority is usually shown.

[gonzo]

Councils have 30 days in which to fix holes. If it's be around for less, then they can claim that it's not their fault I think.

I'd be interested to hear how you get on, as I'd always though that you stand no chance of getting money for damaged kit (if you yourself are hurt, that's a different matter).

[border-rider]

Sherston's in North Wilts DC, where Mrs MV used to be Deputy Boss, but the highway authority is Wiltshire CC I think.  Based in Trowbridge.

But what Gonz says is true - if no-one has reported the hole and it's been there less than n days they don't have to pay out.  I know this from a similar experience with Berkshire CC and a long conversation with CTC.  It's worth reporting it though because then at least they have to fix it, and if someone else falls in in the interim, they are liable.

[mattc]

Councils have 30 days in which to fix holes. If it's be around for less, then they can claim that it's not their fault I think.

I'd be interested to hear how you get on, as I'd always though that you stand no chance of getting money for damaged kit (if you yourself are hurt, that's a different matter).

I think your first comment is right, but not your 2nd!

i.e. if they have had sufficient notice of the hole, they will pay up for damage to kit. (Father used to work for a council, and has claimed cash off another council.) You'd have to suspect there may be an upper limit, but if you don't ask ...

(also, if they haven't got an upto date inspection record for that road, they can't prove the hole WASN'T there, so bizarrely they are presumed 'guilty' - which is nice. IIRC! )

[TimO]

Might be an idea to record it on the CTC's pothole site (www.fillthathole.org ?) ...

Nope, www.fillthathole.org.uk.

[Lycra Man]

Thanks for your responses. In the mean time I have telephoned Wiltshire County Council in Trowbridge and have both reported the pothole, and gained the name and address of the person to contact re a claim for damage repair/replacement.

I drove back to Sherston last night, and photographed and measured the pothole, and will write with photographic evidence this weekend.

I will let you know how I get on, but don't hold your breath.
Lycra Man

[Otto]

Thanks for your responses. In the mean time I have telephoned Wiltshire County Council in Trowbridge and have both reported the pothole, and gained the name and address of the person to contact re a claim for damage repair/replacement.

I drove back to Sherston last night, and photographed and measured the pothole, and will write with photographic evidence this weekend.

I will let you know how I get on, but don't hold your breath.
Lycra Man

I went through all this after comeing off and breaking my arm about 4 years ago......photographed measured etc the bloody thing even had grass growing in it!..informed the council...they wre out next day and fixed it!...they denied (despite my solicitors best efforts) any responsibilty, because of a system wherby certain roads only have to be checked for potholes every 12 months..my accident had happened at 11 months and 10 days..!...so I got diddly squat..funny thing is four years later that is the only hole that has been repaird on that stretch of road

[Regulator]

Councils have 30 days in which to fix holes. If it's be around for less, then they can claim that it's not their fault I think.

I'd be interested to hear how you get on, as I'd always though that you stand no chance of getting money for damaged kit (if you yourself are hurt, that's a different matter).

Just a clarification.  There is no specific time limit for potholes to be fixed.  Councils/Highway Authorities have an obligation to maintain the highway, undertake regular inspections and fix any irregularities without undue delay. 

Case law indicates that a six monthly inspection regime is sufficient and that potholes should be fixed as soon as possible - but no specific period is given.  Some local authorities/HAs have their own targets (varying from 72 hours to 30 days) but as long as they can satisfy a court that their actions (or lack thereof) were reasonable, then they can pretty much do as they please.

[fred the great]

In the past I understood that the Local Authority were totally responsible for defective roads and the the cost to repair/replace any damaged equipment plus personal injury treatment costs, loss of income etc.

Presumably the Law has changed but surely one is still entitled to take them to Court and let the Judge decide?

[Regulator]

The law on potholes has been in force since  1980. 

Yes, you can sue the relevant authority but Section 58 of the Highways Act 1980 gives them a possible defense against claims as follows....

(1) In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defense (without prejudice to any other defense or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.

(2) For the purposes of a defense under subsection (1) above, the court shall in particular have regard to the following matters:—

(a) the character of the highway, and the traffic which was reasonably to be expected to use it;
(b) the standard of maintenance appropriate for a highway of that character and used by such traffic;
(c) the state of repair in which a reasonable person would have expected to find the highway;
(d) whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway;
(e) where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed;

but for the purposes of such a defence it is not relevant to prove that the highway authority had arranged for a competent person to carry out or supervise the maintenance of the part of the highway to which the action relates unless it is also proved that the authority had given him proper instructions with regard to the maintenance of the highway and that he had carried out the instructions.

The case law indicates that, depending on the usage of the road, a six monthly to yearly inspection is all that is needed, together with remedial work being undertaken 'as soon as possible'.

[Gattopardo]

Sherston's in North Wilts DC, where Mrs MV used to be Deputy Boss, but the highway authority is Wiltshire CC I think.  Based in Trowbridge.

But what Gonz says is true - if no-one has reported the hole and it's been there less than n days they don't have to pay out.  I know this from a similar experience with Berkshire CC and a long conversation with CTC.  It's worth reporting it though because then at least they have to fix it, and if someone else falls in in the interim, they are liable.

Stupid question but how can you prove its been reported before?

[TimO]

Probably with some difficulty, unless you (or someone else) has reported it through Fill That Hole, which is a good reason to report any holes you see through that site.

(although it would probably take me a week to report all the holes on my commute).

[pumpkin]

Have a look at the section on Cycle Aid

[Lycra Man]

Wiltshire County Council sent me a Claim Form (which I am hoping is a good sign).

I have completed it and it is going back in the post today.

I'll let you know the outcome.

Lycra Man