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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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Section 58 of the Highways Act 1980. - my car was damaged because

Resolved Question:

Section 58 of the Highways Act 1980. - my car was damaged because of a poor road condition and potholes - under the Freedom of Information Act 2000" we found that there have been many complaints about the condition of the this minor road - but only road as means of access
The lawyers for the North Yorkshire County Council say they will defend the action under the above rule - we have established that the councils own report complied on a yearly basis in December each year was also incorrect - as the road was damaged indeed the road is still dangerous condition - what can i do ?
regards Alderson
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

What exactly would you like to know?
Customer: replied 1 year ago.
Well I hade to purchase another car as my own was a complete write off - my claim is for £ 1.000.00 differeence between my old car insurance settlement and another car.
The road is really very bad and under Freedom of Information act 200 they show every December a report that the road is satisfactory - whilst it is NOT. adn full of DEEp POTHOLES and it is a very Steep and narrow road.
what chance under County Court claim ?
I do also have many telephone calls to the council and letters received of complaint also uner the 2000 Act !
Expert:  Jo C. replied 1 year ago.
How did you come to damage your car and didn't you notice the pot holes?
Customer: replied 1 year ago.
the night was very dark and raining and the road has many potholes for a long distance - a jaguar XJ8 which does have soft suspension - so when it dropped into a pothole the car bounced and because the road is teep on one side I tried to correct it - the actual damage to the front wing was not too much - BUT unfortunately the main cableing of the car fell down and tyhe wheel ran over it - this cable does have hundreds of wires so it became not possible to repair in view of its age
i live in the nationa Park - no street lights and overhanging trees and shrubs - its not suburbia !!!
Expert:  Jo C. replied 1 year ago.
OK.

Actually its pretty rare that I do suggest claims against the council but your is not a bad one.

A hazard on a road that they are responsible for maintaining has caused your loss. If it was dark and there were no street lights of significance then there cannot be a realistic contributory negligence argument against you. I suppose your headlights may have revealed some imperfections in the road but clearly its not adequate.

If you have submitted a FOI request and that has revealed other complaints then there is no doubt that they knew about it and failed to act.

I'm not sure which rule you mean when you say that they will defend this action? I imagine its the argument that this isn't public road? If so, I'm not sure that really takes them anywhere very fast. If the road is maintained by them then its their responsibility to deal with hazards.

You can claim your excess as you describe. You could also claim additional expenses actually incurred such as phone calls etc.

If you would like any additional information please do ask.

Please remember to rate my answer positively. If you feel the need to click on either ‘Helped a little’ or ‘I expected more’ then please reply to me first so that we can address the issue you have. I will be happy to continue.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 62899
Experience: Over 5 years in practice.
Jo C. and 4 other UK Law Specialists are ready to help you

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