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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A builder left and abandoned debris on the road where I live

Resolved Question:

A builder left and abandoned debris on the road where I live which they covered with a blue tarpaulin. It was there for approximately 4 weeks. Eventually I rang the council who were very good and removed it within 48 hours. One evening when I was parking my car it was damaged by the debris causing a deep scratch. I discovered that underneath the tarpaulin were large pieces of concrete. Can I claim from the council to repair it?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Why is it you want to claim from the Council and not the builder that left it please?

Customer: I have no idea who the builder is. The council were not interested in who the builder was but said they would clear it up. I thought that they had assumed responsibility
Alex Watts :

Its bad news I am afraid.

Alex Watts :

You can't sue the Council - they are not negligent.

Alex Watts :

You can only sue the person who deposited it upon the road

Alex Watts :

That means a builder

Alex Watts :

Therefore your only case is against the builder not the Council

Alex Watts :

The Council cant assume responsibility for this.

Alex Watts :

Indeed under the Highways Act they only need to carry out reasonable inspections

Customer: Could I claim from the builder who left the debris?
Alex Watts :

You said that they removed it within 48 hours which is reasonable.

Alex Watts :

Yes, if you know who the builder is.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I think you've aswered my question. Many thanks Alex
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