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Advice dealing with council
Moorron - 3/10/11 at 08:30 PM

Hi guys im after some advice on the above and im pretty mad about it at the moment.

I suffered a blow out on my daily car way back in july, this was because i hit a huge pot hole so i took photos and sent in a claim to my local council. I wouldnt have done this except it was a very good tyre and a replacement cost me £110.

So off the email went, i got a promt reply informing me it was being passed on to the correct area (shropshire>bridgnorth). Ive then not heard a thing for a few months (busy at work so didnt jump on thier backs). So over the weekend i asked what was going on a clearly asked for an explaination why it hasnt been 'managed'.

Today i got an email from the shropshire council telling me their insurance department had sent to me by post a form to fill in back in July (i didnt receive it and im very careful when throwing letters away). However they will post me another one ASAP. YET today i get an email from this insurance department telling me they sent an EMAIL to me on the 27.6.2011 for the form to fill in. I have just checked all emails and i havent had one from them but others on that date so i know my home email was recieving.

So, now alltho i have no problems filling the form in for the original claim I am more concerned that their stories to why i wasnt contacted dont tie up with each other and with me not recieving any emails or post imho confirms to me that they didnt do a thing (legit claim so they ignored it thinking i would shrug my shoulders and go away).

I would like to take this further and want advice how to do this. Can i put in a complaint about a complaint?


phoenix70 - 3/10/11 at 08:39 PM

Not the advice you probably want to hear, but I would just drop the matter, chances are you will not get a penny out of them and you'll just waste a lot of your own time. To get anything out of them, you have to prove that they were aware of the pothole and had not repaired it in a resonably timescale (BTW that timescale can be 30-60 DAYS). If they were unaware of it, you won't win and if it is within the repair timescale you won't win.

Sorry to be so negative, but that's the way it works.

On the other hand, if you badger them enough, they may pay up just to get off their case.

Good luck

Scott


Moorron - 3/10/11 at 08:44 PM

I understand.

Problem is my photo clearly show its a pot hole thats been repaired before (might help my case) and now they have just finished resurfacing that stretch of road and had it closed for 2 weeks. They must have had it planned along time ago meaning they knew it was in bad conditions. Would this not help?

However im after advice on them lying to me and telling different events why i wasnt contacted, not the original claim.


McLannahan - 3/10/11 at 08:59 PM

Take it higher and address a second or third copy to these higher up teams. Don't drop it and allow yourself to get fobbed off. Do phone again and take names. I'd also be brazen enough to ask who to address the complaint about the standard of service you've received. I often complain and never let it drop until you're happy with the outcome. Doesn't always mean financial or compensation, often a genuine apology is enough.


phoenix70 - 3/10/11 at 09:10 PM

quote:
Originally posted by Moorron
I understand.

Problem is my photo clearly show its a pot hole thats been repaired before (might help my case) and now they have just finished resurfacing that stretch of road and had it closed for 2 weeks. They must have had it planned along time ago meaning they knew it was in bad conditions. Would this not help?

However im after advice on them lying to me and telling different events why i wasnt contacted, not the original claim.



Your picture may or may not help. I would assume that the repair was a temporary repair (chuck some cold tar in and stamp it down a bit) so they have 'made it safe' and therefore have whatever their repair time is to fix it.

Try putting in a FOI request about the inspection regime on the section of road, number of defects picked up in the month before the incident and the their repair times.

Cheers

Scott


RichardK - 3/10/11 at 09:22 PM

I know fazerruss has recently successfully claimed for exactly the same thing, maybe worth a u2u.

Cheers

Rich


zilspeed - 3/10/11 at 09:32 PM

As above.

FOI enquiry.

This always always makes people who work for councils jump.

Ask me how I know...

It will work.

For anything other than the truth to come out would mean a whole load of otherwise unconnected people to collude to hide the truth. Everyone is sufficiently aware of the perils of such a stupid strategy that an FOI will get you the truth on the matter.

This is simple straightforward fact.


blakep82 - 3/10/11 at 10:08 PM

quote:
Originally posted by phoenix70
Not the advice you probably want to hear, but I would just drop the matter, chances are you will not get a penny out of them and you'll just waste a lot of your own time. To get anything out of them, you have to prove that they were aware of the pothole and had not repaired it in a resonably timescale (BTW that timescale can be 30-60 DAYS). If they were unaware of it, you won't win and if it is within the repair timescale you won't win.

Sorry to be so negative, but that's the way it works.

On the other hand, if you badger them enough, they may pay up just to get off their case.

Good luck

Scott


while i tend to agree on this in most situations, the fact that they've passed it to the insurance company to me says they'll sort it. if they weren't going to do it, surely the council will have come up with some story without contacting the insurance to get forms out?

keep at it, i think you might get a favourable outcome, but i also suspect the insurance are trying to avoid you completing the forms, as then they have to give you money


craig1410 - 3/10/11 at 10:09 PM

My advice is to push for compensation. I successfully claimed £240 from a council a number of years ago for damage to my wheel and tyre from a rather severe pothole. It took 6 months and two or three chase up letters but felt good when I got the cheque. As has been said, it should be easier nowadays with FOI.

Good luck!


loggyboy - 3/10/11 at 10:22 PM

So the claim hasnt been rejected, its just that forms and contact hasnt been sorted yet. So surely you just need to fill the form in to claim and see where it gets you, then let them decide if they are gonna make a fight of it.
Sound like your giving up before the preverbial race hasnt even started!?


Dusty - 3/10/11 at 11:01 PM

Don't waste effort or time on their inefficiencies or confusion/lies on who sent what by what method and when. Stay focussed on your task which is pursuing them for compensation for damage to your car. Side issues will just prolong everything and rarely will it result in any benefit or aditional satisfaction for you.


MakeEverything - 4/10/11 at 06:21 AM

quote:
Originally posted by blakep82
quote:
Originally posted by phoenix70
Not the advice you probably want to hear, but I would just drop the matter, chances are you will not get a penny out of them and you'll just waste a lot of your own time. To get anything out of them, you have to prove that they were aware of the pothole and had not repaired it in a resonably timescale (BTW that timescale can be 30-60 DAYS). If they were unaware of it, you won't win and if it is within the repair timescale you won't win.

Sorry to be so negative, but that's the way it works.

On the other hand, if you badger them enough, they may pay up just to get off their case.

Good luck

Scott


while i tend to agree on this in most situations, the fact that they've passed it to the insurance company to me says they'll sort it. if they weren't going to do it, surely the council will have come up with some story without contacting the insurance to get forms out?

keep at it, i think you might get a favourable outcome, but i also suspect the insurance are trying to avoid you completing the forms, as then they have to give you money


Not necessarily.

I had exactly the same situation, but because they said that the pothole had not been previously reported, they werent negligent and so wouldnt pay out. What really grates on me is that this was after the poor weather and they denied that they should have checked the roads following adverse conditions. Cost me £130. Lying, cheating, useless council shitbags. I had photos too.

[Edited on 4-10-11 by MakeEverything]


MakeEverything - 4/10/11 at 06:22 AM

quote:
Originally posted by Dusty
Don't waste effort or time on their inefficiencies or confusion/lies on who sent what by what method and when. Stay focussed on your task which is pursuing them for compensation for damage to your car. Side issues will just prolong everything and rarely will it result in any benefit or aditional satisfaction for you.


Exactly, if youre intent, you can get somewhere. Whether its your desired result remains to be seen.

Public Sector relies on Management by Confusion. "Lets confuse the bleep out of everyone to get what we want."


Ninehigh - 4/10/11 at 06:58 AM

quote:
Originally posted by Moorron
So, now alltho i have no problems filling the form in for the original claim I am more concerned that their stories to why i wasnt contacted dont tie up with each other and with me not recieving any emails or post imho confirms to me that they didnt do a thing (legit claim so they ignored it thinking i would shrug my shoulders and go away).

I would like to take this further and want advice how to do this. Can i put in a complaint about a complaint?


Their stories about how they don't tie up are because it's lies. If I got a letter every time someone told me they sent one I'd have one a day (about 80% of items that are "posted" and cause me problems if I "ignore" them never arrive)

The other method that councils employ (and this has been on various programs from 5th gear to Watchdog) is to fob off, mess around, lie and don't bother until you give up and go away. Case won.


40inches - 4/10/11 at 07:10 AM

This may be some help. http://www.potholes.co.uk/claims/how_to_claim


edsco - 4/10/11 at 11:51 AM

I'd pursue it....

My folks (who live in Devon), similar story. Big pot hole, buckled the alloy and suspension damage. Had to have the car fixed and paid for first, but they received a cheque for over £500 to cover the cost from the council....no quibble, no fuss. The council know the country roads are or were terrible....so knew they didn't have a leg to stand on.


Moorron - 4/10/11 at 12:15 PM

Cheers for the replies. I think you are right that im more annoyed at them trying to get out of it before its even started.

I do have the insurance form to fill out but its asking alot of things i wouldnt like to hand out, it wants my car insurance provider and cert number and 50 other bits of detail i feel they shouldnt need for my claim. Should i question this or just fill it in and go from there? I have already give them detailed photos, reciept for the tyre, location time and date. Surely this is allt he infor they need, its not like im claiming for personal injury here.


quinnj3 - 4/10/11 at 02:37 PM

If its on the form and you want to claim you'd be better to fill it in. They will want to check that your insurance, tax and MOT was up to date and you had the correct license to drive the vehicle. If you are missing even one of the above things then you will not get a penny as the council / insurance would argue that you should not have been on the road at that particular time. They might even go as far as to check that if your wheel was non standard and you had not declared it on the insurance.

[Edited on 4/10/11 by quinnj3]


brookie - 4/10/11 at 05:25 PM

i had the same thing but with a alloy wheel i hit a pot hole that had been reparid before and all they said because i was the first person to report the pot hole after it had been filled in i was not getting a penny so good luck with your claim m8