Potholes claims outsourced by Council

Following yesterday's article on AudlemOnline about claiming compensation for tyres damaged by potholes, a reader has sent in the following example of what claiming can involve:

"Tyre damaged in Woodhouse Lane on 30th November 2012. Defective surface reported immediately and claim submitted in early December.

"Cheshire East now contract out the claim to Top Mark Management Limited based in Glasgow. They have 90 days to respond to the claim!

"Letter received from Top Mark Management Limited dated 28th January 2013 denying liability as they believe they have acted within Section 58 of the Highways Act (1980), basically hiding behind the theory that the Council have "adopted a reasonable system of inspection and maintenance". Correspondence on going.

"The claim was originally submitted to Cheshire East Highways at Delamere House in Crewe.
0300 123 5020 – e mail engcn@cheshireeast.gov.uk
The company dealing with the claim is Top Mark Management Limited based in Glasgow. Telephone number 0141 202 0721.

"Basically the road network in Cheshire East (South Cheshire) is dangerous and the council are outsourcing (at what cost?) a company to "bat away" valid claims. Suggest valid claims are made – hopefully the council will then spend funds on the roads and not out sourcing firms and other questionable projects.

"Hope the above may be of some use to other aggrieved parties."

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