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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son had an accident on 1st Feb 2013, hit a pot hole, heard

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My son had an accident on 1st Feb 2013, hit a pot hole, heard a bang and then as he turned a corner lost control of his car. Police said it was mechanical failure. We approached the council to say we wanted to make a claim, as they were charging us for the lamp post he hit. Our case was referred to a solicitor who said it would be investigated and a outcome would be within 90 days. Never heard from the solicitor again or council until October/November when council sent us a bill for the lamp post. Heard from solicitor 29.1.14 to say case was closed we had failed in our attempt for compensation and to forward invoice to insurance. Where do we stand, our initial approach was, that if the council fixed their own light we would be happy to foot the other bills and we put this in an email to the gentleman that we had spoke to at the council but also said that if they were going ahead with claiming against us we would be making a claim and my husband put down rough figures that we would want to claim. We then got a reply saying that the case had been sent to a solicitor in Scotland. That was the last we heard. We are now being sent final demands for the payment.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What was the depth of the pot hole please?
Customer: The pot was the depth of a lipstick, if that makes sense, we have photos and we used the lipstick to show the depth
Alex Watts : But do you know the actual depth?
Customer: 2days after the accident that pothole was filled in. I am taking my daughter to school I will be back to answer questions around 9. No but as I said we do have photographs.
Alex Watts : Ok
Customer: Roughly 10 to 12 cm but it had a solid ridge at the front, it wasn't a gradual hole, it was evident that it had been repaired once. We can send you the pictures if it would help
Alex Watts : On what basis was it rejected?
Customer: The police said in their report it was mechanical failure, we have never disputed this, we actually put it on our claim we sent to the council. The car was in good working order, not long since been MOTed and witnesses told the police that he was not speeding and did nothing wrong the car just started heading for the lamp post. What we are saying is that after hitting the pot hole and hearing a bang damage was done to the car. We assumed that after being told we would hear back within 90 days and we didn't that they had decided to take the option of they sort the lamp post and we sort the other costs. Where do we stand that it was virtually 12 months before we got a reply.
Alex Watts : What is the cost of repair please?
Customer: 994.84 for the lamp post. The car was written off and we had a cost of £300 for removing the car and storage for 3 days. The car was worth between £900 and £1000.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.Can I clarify anything for you about this today please?
Customer: No I think that has made everything clear. Thank you very much
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 2 years ago.

Thank you for your help, the issue is not resolved. We have contacted the Council on so many occasions and have not had much response, they keep referring to the Police Report, which we applied for and a couple of weeks after applying we received a letter informing us that there was no report as the Officer attending didn't deem it needed a report under a particular Act. My husbad is hopefully having a meeting on Wednesday with the Council which had been organised through the Local Councillor for that area, where hopefully we will get some sort of decision, we have spoken to the lady who does credit control for the council on numerous occasions as she is chasing payment and a man from the highways who said according to the police report it was our fault, then went on to say about the size of the pot hole not being deep enough, then changed his mind saying that was another case!! We have had limited correspondence with the loss adjustor in Scotland, who eventually went from saying it was the police report to police comments, which still took over 11 months to get.
To be honest the council are an absolute joke, all we ever wanted was to sit around a table have a decent conversation about the incident, our views and theirs and come to a outcome that is agreeable to all. one problem is that not only do they want payment for the lampost but they have added all sorts of other charges. We will wait to see what wednesday brings. Thanks for enquiring. Sandra XXXXXX

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