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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5568
Experience:  Solicitor
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I recently hit a pot hole and submitted a claim. Norfolk

Resolved Question:

I recently hit a pot hole and submitted a claim. Norfolk County Council offered me 50% of my claim as I did not know the depth of tread left on the two tyres that were damaged. I have refused this payment, but they said its that or nothing. How could I proceed to try and get the 75% that I would accept ?
Submitted: 22 days ago.
Category: Law
Expert:  Jamie-Law replied 22 days ago.

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

Do they have a scheme of inspection in place?

Customer: replied 22 days ago.
I believe they do
Expert:  Jamie-Law replied 22 days ago.

Ok, you can submit a County Court claim, but they may have a defence under S.58 of the Highways Act.

If they can show that they have a scheme of inspection, it was followed and they didnt have any reports after inspection your claim may fail.

You need to write and set out your losses and request a refund (repair cost) within 14 days or say will go to Court within 14 days. You should make sure you send this signed 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 22 days ago.
I think you misunderstand , the council have advised that on a without prejudice basis and with no admission of liability they are willing to pay my costs but are only offering 50% of my claim due to the two tyres that were damaged were not new and tread depth not known.
Expert:  Jamie-Law replied 22 days ago.

I will call shortly