Sorry to hear of your problem. Nigel has summed it up well, also Steve
regarding the photos. From my (very bitter) experience regarding a bike fall
in a hole, I believe digi photos are acceptable. I'd suggest taking photos
which also include a measure in the image, thus showing the height/depth of
the hazard. I'd say your best route is via the householder. From my
experience the council can use the 'regular check' get-out even when they
can't prove with records whether they have done it or not! They also state
that a hazard has to be a certain depth (40mm for my local council,
different for others), before it is deemed to be a hazard! Good luck.
Scenarios that spring to mind: 1. As it's in the road (rather than on the
householder's premises), if the council claim the householder did it without
their permission
then presumably there is a cast iron case against the householder, 2. If it
was with the councils permission they should have inspected it to ensure
compliance, 3.If the council claim they knew nothing because nobody informed
them of the hazard, then presumably they haven't carried out their checks.
Hopefully the householder is liable, because the council have so much
financial clout (and 'large reputable organisation' clout) that they are a
very difficult adversary. In my particular case I said to my solicitor that
the lack of an inspection report surely gave me a good case - he agreed that
the council were lying (they stated they'd checked the road 2 days before),
however he stated the courts would believe the council's verbal assurance
without any hard-copy inspection report! Wish you good luck.
----- Original Message -----
From: "Jim Hearne" <[email protected]>
To: <[email protected]>
Sent: Saturday, January 30, 2010 12:25 AM
Subject: [Quantum Owners] OT: Silly curbs and who is responsible.
Last year a house on a narrow country road (2 lanes just) on the way
to/from work decided to redo the end of there drive, removed the
original dropped curbstones and replaced them with 3 rows of cobble type
stones.
But they put them out into the road by 6 to 8 inchs and left them
sticking up from the tarmarc by about 2 to 3 inchs with no slope on the
end of them.
Today in the dark a car came the other way a bit far across the road at
just at that point and i hit the end of the cobbles, punctured the front
tyre instantly and the rear has a big egg on the sidewall.
Apart from contacting the council about the fact they have modified the
curb and moved it into the road who do i send the bill to for the
damage, the council or the householder ?
Looking on the net there was no planning request for the change but i'm
not sure they needed one .
The woman at the house initially said the drive didn't stick out into
the road (which it clearly does) and then when i said it should at least
have had a slopped end she said it was done that high to stop water
running off of the road onto there drive.
Thanks,
Jim
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