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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How am I expected to pursue my £750 vehicle repair claim caused

Customer Question

How am I expected to pursue my £750 vehicle repair claim caused by pot hole damage, when Highway Authority insists I need to by Law identify the exact 'road defect' pothole, in a specific location.
Garage claim I hit only pot holes over the year, broken springs which are designed to hold in position if damaged, only detected failing its MOT.
Potholes now repaired. Is driver expected by Highways Authority get underneath vehicle, head on tarmac, squint a visual inspection not able to see, after hitting more that seven pot holes around residents towns yearly journeys?
Being Honest this way seems to have deprived me my claim because Authority wants me identify the specific pot holes they have now filled in, please help, is this statutory Law highways demand I identify specific location when the unacceptable holes were an obstacle avoidance course yearly here?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you know the stretch of road please?
Alex Watts : Or is it general roadwear?
JACUSTOMER-vyz2tn0l- :

I can identify all the pot holes I hit over the year as well as general road wear

JACUSTOMER-vyz2tn0l- :

around the villages i motor every day

Alex Watts : But can you confirm whether or not they are below the level which the council must repair?
Alex Watts : for info there may be a delay in my reply as I am on the train.
Alex Watts : Can you prove they were those pot holes rather than ones outside the area that caused the damage?
JACUSTOMER-vyz2tn0l- :

yes because they have now repaired them because they had to

JACUSTOMER-vyz2tn0l- :

i see you have stepped out of this chat. this is not going to give me the help i need and will pursue this another way than online chat is very new to me , and wish to cancel my request and ask you refund the £38 thanks

JACUSTOMER-vyz2tn0l- :

please ackowledge

JACUSTOMER-vyz2tn0l- :

Please terminate request and refund

Alex Watts : You need to write to the council 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 signed delivery and keep a copy.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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