Stockton-on-Tees Borough Council is responsible for maintaining the roads within its jurisdiction under the Highways Act 1980. This statutory duty means that the council must ensure that public highways are safe and in good condition, including addressing potholes promptly to prevent damage to vehicles.
Stockton-on-Tees Borough Council's Duty to Maintain Roads
Under Section 41 of the Highways Act 1980, Stockton-on-Tees Borough Council has a legal obligation to maintain its roads. This includes inspecting and repairing defects such as potholes that could cause damage or injury. The council is required to establish a reasonable inspection regime and act upon any identified issues in a timely manner.
How to Report a Pothole to Stockton-on-Tees Borough Council
If you encounter a pothole on a road maintained by Stockton-on-Tees Borough Council, it's important to report it immediately. You can do this through their official website at https://www.stockton.gov.uk/roads-and-transport. Providing detailed information about the location and condition of the pothole will help the council address the issue more effectively.
Making a Pothole Damage Claim Against Stockton-on-Tees Borough Council
If you have incurred damage to your vehicle due to a poorly maintained road, you can make a claim against Stockton-on-Tees Borough Council. The key steps include:
- Photograph the Pothole: Take clear photos of the pothole from different angles and note its location.
- Report it Promptly: Inform the council about the pothole through their reporting system on their website.
- Get Repair Quotes: Obtain detailed repair estimates from reputable mechanics or body shops.
- Submit Your Claim with Evidence: Compile all relevant documentation, including photographs, repair quotes, and a written account of what happened.
It is crucial to act within three years of the incident under the Limitation Act 1980 to avoid your claim being barred by statute.
What if Stockton-on-Tees Borough Council Rejects Your Claim?
If the council rejects your claim, they may argue that their maintenance practices were reasonable and in compliance with Section 58 of the Highways Act 1980. However, you do not need a claims management company to contest this defence. You can escalate the matter to the county court if necessary.
When preparing for legal action, it's important to gather all possible evidence and consider seeking independent legal advice to understand your rights and options fully.
Sources and References
- Highways Act 1980
- Stockton-on-Tees Borough Council: https://www.stockton.gov.uk/roads-and-transport
- Limitation Act 1980