Ask a Law Question, Get an Answer ASAP!
I am a solicitor in Scotland. I have personal experience of the situation you are in as well as having advised clients over the years. From your narrative it is reasonable to assume that the council were well aware of this defect a lot longer than five days beforehand. You are wasting time talking to them or their insurers. Raise a small claim action for £200. Almost certainly they will pay up as its not worth their while defending it nor bringing their incompetence into a public court. You can get the forms, details of the fees and procedures at www.scotcourts.gov.uk
Thanks for that.
Who would I raise the small claims action against? The council or the insurers? The insurers made the decision and the council are taking a "nothing to do with us" stance.
Also is there any point going to the SPSO first? I've heard they're not especially helpful in these cases.
It would be against the council as they are responsible for the road. The ombudsman is not any use in cases like this as whether the council was negligent is a legal issue for the courts. I hope that helps. Please leave a positive rating so that I am credited for my time.