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Pothole claim

A FURIOUS driver has been refused compensation for damage to his car which he says was caused by a pothole in a badly maintained road.

Derek Dickenson says his wheel trim was damaged beyond repair and his tyre had burst after he drove over a large pothole in Penn Bottom in March.

He submitted a claim to Buckinghamshire County Council (BCC) for £530 to have his Mercedes repaired.

But the council told him that an inspection carried out in December 2007 showed the road had no defect.

Mr Dickenson, 58, of Hill Avenue, Hazlemere, said: "The nature of the road is that it's quite narrow and there was a lorry coming the other way. I had slowed down, but I had to keep to the left hand side of the road.

"Then I felt this almighty thump and 200 yards further along the road I realised I had a puncture.

"With it being a rat run road between the Amersham Road and Beaconsfield, I held up rush hour traffic for half an hour while I changed the tyre."

While officers accepted the pothole could have occurred since December, their regular inspection schedule means they are not at fault and do not have to reimburse him for the damage. But, Mr Dickenson said checks every six months "hardly seems to be adequate in view of the volume of traffic we suffer in south Bucks" and claimed the pothole had grown in size by 50 per cent since his accident in March.

A spokeswoman for BCC said: "We thank Mr Dickenson for this further information and are making further enquiries with our contractor to ensure that our procedures have been fully adhered to.

12:03pm Friday 4th July 2008

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Posted by: maverick, HW on 12:14pm Fri 4 Jul 08
shouldn't he keep to the left side of the road anyway??
Posted by: John, High Wycombe on 12:42pm Fri 4 Jul 08
Potholes are just something you have to look out for and live with I thought.

Much like stones on a pavement and thorns on the grass.

Compensation? Honestly!
Posted by: paulc, Amersham on 12:45pm Fri 4 Jul 08
Potholier than thou.
Posted by: llcherri, Wycombe on 1:19pm Fri 4 Jul 08
These Mercedes just fall apart buy a better car.
Posted by: littlemiss, Wycombe on 4:22pm Fri 4 Jul 08
Sorry but the state of the roads around Wycombe and surrounding area's is a joke, and potholes, quite often can't be avoided, and DO damage your car. We pay our road tax, our council tax too, so we should flaming well at least get decent roads! They way they resurface them these days is a joke, loads of loose stones flying around (several chips in my windscreen, not to mention chips in my paintwork). I say fair play to this guy for trying to get something back, everyone should do it and pressure our local council to act and repair the roads.
Posted by: fedup, Bucks on 4:59pm Fri 4 Jul 08
Potholes are everywhere ..... the anyone would be lucky to get anything out of the council ... Our cul de sac road is full of potholes and sooner than later someone is going to get really hurt tripping up on one .. but the council come out every 2 years to fill in the holes but within a month they back again . we have asked to have the whole road re tarmac'ed but no to expensive even with the extra 4% increase ib our council tax ......
Posted by: George - Wycombe on 8:47pm Fri 4 Jul 08
Bucks with it's well entrenched Conservative councils, have the highest council taxes in Britain and worsening services.
The United Kingdom should be careful at the ballot box if they think the Tories could successfully replace Labour.
BOTH LABOUR and the TORIES are not what the country needs, that only leaves the rag, tag and bobtail outfits but even they would be better than the other two, we are continually lumbered with.
Posted by: R of Wycombe, High Wycombe on 9:58pm Fri 4 Jul 08
Derek Dickenson says his wheel trim was damaged beyond repair and his tyre had burst after he drove over a large pothole in Penn Bottom in March.
He submitted a claim to Buckinghamshire County Council (BCC) for £530 to have his Mercedes repaired.
Even for a Merc :
Wheel Trim - £30
Steel Rim - £50
Tyre - £150
Total - £230
So the other £300 is .............what
Posted by: dickenson, hazlemere on  Sat 5 Jul 08
Fact - not fiction! I was driving on the left! The bill was that big (I perhaps should have shopped around but being self employed I had to get a quick fix!) And surely you would not have expected compensation for a thorn on a pavement! I am not whinging I just thought it should be brought to the attention of the wider public that BCC and Chiltern and District hide behind petty legislation which they appear to make up as they go along in order to protect themselves! All comments invited as long as it helps improve our roads which are a disgrace.
Posted by: tigger, Beaconsfield on 2:02am Sat 5 Jul 08
Bucks County Council has so far wasted over £1 Million of our money on a botched plan to build waste incinerators at Wapseys Wood and Calvert which no one wants. Pity as this money could have been used to properly maintain our roads; the standard has certainly deteriorated over the last ten years. Maybe it is time to change the council and have it run by people who know what they are doing. You will be able to have your say next year at the county council elections!
Posted by: Observer, of potholes on 7:13am Sat 5 Jul 08
I cannot understand why the County Council think that a pot hole cannot appear within 6 months of an inspection.

I have had to report a number of pot holes to the Highways On Call email address in the past, so it is clear to me that the County only do a cursory inspection every 6 months and rely on road users to report problems in the meantime.

i suggest Mr Dickensen should take the matter to the Small Claims Court and let them decide whether the County Council is liable.

The County's letter of dismissal is only the first plank of their insurance claim refusal strategy.
Posted by: pebrey, Micklefield on 10:35am Sat 5 Jul 08
All credit to Mr Dickenson. I have had to replace 3 tyres in the last 6 months all due to potholes - mostly taking out the side wall of the tyre.

Maybe we should all buy 4 x 4's to drive around wycombe? After all, we have hills, and who needs to go off road for fun with the state of our roads?!?

More seriously, perhaps Mr Dickenson can put details of who to write to for claims / what the process is up on here - it might help more people write. Again, the more claims / complaints the council receive the more likely they are to act...(or is that just wishfull thinking?)
Posted by: wayne, wycombe on 2:22pm Sat 5 Jul 08
I am not surprised by the Councils' behaviour, a new website will soon reveal to all Bucks residents, the disgraceful behaviour of those in Bucks County Council perpetrate on taxpayers which include fraud and misfeasance.
Posted by: Plus ça change..., Wypotholecombe on 2:23pm Sat 5 Jul 08
What happens if someone is injured or worse, as a result of a vehicle hitting a pothole?

Does it ever happen?

Would the 'regular' inspection interval cover that?

'Sorry, mate, wasn't there when we last looked.... er... about 150 days ago...'

Is there a specific Pothole Spotter webpage for us to report them?
Posted by: shylock, Terriers on 3:52pm Sat 5 Jul 08
Plus ça change... wrote:
What happens if someone is injured or worse, as a result of a vehicle hitting a pothole? Does it ever happen? Would the 'regular' inspection interval cover that? 'Sorry, mate, wasn't there when we last looked.... er... about 150 days ago...' Is there a specific Pothole Spotter webpage for us to report them?
You can log potholes @ WDC online... Highways on Call (HOC) It still takes them ages to fix it but at least by reporting them they have a note of them.

How about everyone reporting at least one pothole a day and swamping them with fix me requests!
Posted by: Local, Bucks on 12:33pm Mon 7 Jul 08
The clause in the County Council's insurance means that they only have to do what is "reasonably practicable", which is such a loose statement that anything could be included. Hence, inspections every 2 months or whatever is deemed reasonable.
It is standard insurance talk and it will make no difference whether they receive 2 cliams for 2000, they wonn't pay out, and they don't have to.
Posted by: wayne, wycombe on 7:38pm Mon 7 Jul 08
Insurance policies and Councils do not dictate what consitutes damage and reasonable care, a Court does and if it were me, I would have these people straight into the County Court.
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