Bridgend County Borough Council is responsible for maintaining the roads within its jurisdiction in South Wales, an area located between Swansea and Cardiff. Under the Highways Act 1980 section 41, Bridgend County Borough Council has a statutory duty to ensure that highways under its control are maintained properly and safely.
Bridgend County Borough Council's Duty to Maintain Roads - Highways Act 1980 Section 41
The Highways Act 1980 section 41 outlines the legal obligation of Bridgend County Borough Council to keep roads in a state of reasonable repair. This includes ensuring that potholes are promptly addressed and repaired to prevent damage to vehicles and injuries to pedestrians. If you suffer vehicle damage due to an unattended or poorly maintained pothole, this could be a breach of the council's duty under section 41.
How to Report a Pothole to Bridgend County Borough Council
If you encounter a pothole that has caused damage to your vehicle, it is important to report it immediately. You can do so by visiting the official website of Bridgend County Borough Council at https://www.bridgend.gov.uk/residents/roads-transport-and-parking/roads-and-pavements/. The council provides an online form where you can describe the pothole and provide details about its location. Reporting the issue helps ensure that the council is aware of the problem and can take necessary action.
Making a Pothole Damage Claim Against Bridgend County Borough Council
When making a claim for pothole damage against Bridgend County Borough Council, it is crucial to gather evidence that supports your case. The first step involves taking clear photographs of the pothole from multiple angles to document its size and condition at the time of the incident. obtaining repair quotes from reputable mechanics will provide tangible proof of the extent of the damage and associated costs.
The timeline for making a claim is governed by the Limitation Act 1980, which stipulates that claims must be filed within three years of the date when the damage occurred. Delaying your claim beyond this period may result in it being barred by law.
What If Bridgend County Borough Council Rejects Your Claim?
If Bridgend County Borough Council rejects your pothole damage claim, they might use section 58 of the Highways Act 1980 as a defence. This section allows the council to escape liability if they can demonstrate that they had a reasonable inspection and maintenance regime in place at the time of the incident.
If you are unsatisfied with the council's response or decision, you may consider escalating your claim to the county court. you do not need a claims management company for this process; handling it yourself or seeking legal advice from a solicitor can be equally effective.
Sources and References
- Highways Act 1980
- Bridgend County Borough Council: https://www.bridgend.gov.uk/residents/roads-transport-and-parking/roads-and-pavements/
- Limitation Act 1980