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Pothole ‘victim’ makes list of defective roads
A WYRE Forest driver is so furious Worcestershire County Council will not compensate him for damage caused by hitting a pothole he has started making his own list of defective roads in the district.
Donald Fascione, 63, of Beaufort Avenue, Kidderminster, needed two new tyres and a new set of wheel trims after hitting a pothole on two separate occasions in Blakeshall Lane, Wolverley.
Mr Fascione, a park caretaker, explained that he hit the pothole a second time when driving home in the dark in heavy traffic.
He added the total cost of repairs was more than £100 and the council had refused to pay, even though it accepted his car could have been damaged by a defect in the road.
He said: "I'm furious. It has really wound me up. At my age I shouldn't have to put up with dangerous road conditions on my way to work.
"I drive on this road seven days a week, four times a day, every day of the year and they had the cheek to send me details of their inspections as though I didn't know what I was talking about. I use the road so much I know every nook and cranny and I have hit most of the potholes at some point. I am now making my own list to send to them."
Mr Fascione said the pothole had been repaired since he first hit it in January but had now reappeared.
He added there are currently at least seven potholes in Blakeshall Lane and he intended to take his case to court.
Mandie Owen, an insurance assistant at the county council, said: "The reason for my decision is that while the council, as highway authority, has a duty to maintain the highway, that duty is not absolute.
"The fact that a defect exists does not automatically mean the council is liable for damage resulting from such a defect."
She added: "The council has a responsibility to take reasonable steps to maintain the highway and this is done through inspection. If an inspection programme is adhered to then this is a defence to claims such as this one."
11:07am Saturday 10th May 2008
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CommentPosted by: Paul Gittins, Bewdley on 2:14am Sun 11 May 08
Mr Fascione, If you have a computer log on to www.fixmystreet. On this site you will be able to report pot holes along with a host of other problems such as litter, broken street signs, defective street lamps etc. you can pin point the location on a map and your problem will be reported by fixmystreet to the appropriate council authority who will contact you later with a reference/job number. After one month you will be asked if the problem has been corrected.As a councillor I use this site to report pot holes that I have seen or which have been brought to my attention.
Mr Fascione, If you have a computer log on to www.fixmystreet. On this site you will be able to report pot holes along with a host of other problems such as litter, broken street signs, defective street lamps etc. you can pin point the location on a map and your problem will be reported by fixmystreet to the appropriate council authority who will contact you later with a reference/job number. After one month you will be asked if the problem has been corrected.As a councillor I use this site to report pot holes that I have seen or which have been brought to my attention.
Posted by: English-Highlander, Stourport on 1:53pm Sun 11 May 08
Mr Fascione, If your comments "I drive on this road seven days a week, four times a day, every day of the year and they had the cheek to send me details of their inspections as though I didn't know what I was talking about. I use the road so much I know every nook and cranny and I have hit most of the potholes at some point. I am now making my own list to send to them." are correct then it indeed a clear case of negligence... Yours... you know the road so well... you know where all pot holes are... then you could have done something to minimise the damage. Accept the responsibility that a driving licence gives you.
Mr Fascione, If your comments "I drive on this road seven days a week, four times a day, every day of the year and they had the cheek to send me details of their inspections as though I didn't know what I was talking about. I use the road so much I know every nook and cranny and I have hit most of the potholes at some point. I am now making my own list to send to them." are correct then it indeed a clear case of negligence... Yours... you know the road so well... you know where all pot holes are... then you could have done something to minimise the damage. Accept the responsibility that a driving licence gives you.
Posted by: FlipC, Stourport on 11:48am Mon 12 May 08
Mr Gittins, as a councillor why do you use fixmystreet rather then the official whub council site to report potholes?
Mr Gittins, as a councillor why do you use fixmystreet rather then the official whub council site to report potholes?
Posted by: Paul Gittins, Bewdley on 10:07pm Tue 13 May 08
Because it's more convienient. You are also able to pin point the exact location of the problem you are reporting on a map and send a photo if you wish.
Because it's more convienient. You are also able to pin point the exact location of the problem you are reporting on a map and send a photo if you wish.
Posted by: FlipC, Stourport on 10:03am Thu 15 May 08
So presumably you are petitioning the whub administrators to include this functionality?
Personally I prefer www.communityfix.co.
uk they use Google Maps and allow photos.
So presumably you are petitioning the whub administrators to include this functionality?
Personally I prefer www.communityfix.co.
uk they use Google Maps and allow photos.
Posted by: Tavis Pitt [www.wfa.org.uk], The Wyre Forest Agenda on 9:12pm Thu 15 May 08
It's embarrassing that a council with multi-million pounds worth of taxpayers funding cannot provide a service that's better than a free service on the Internet.
[bold]The Wyre Forest Agenda (wfa.org.uk)[/bold]
It's embarrassing that a council with multi-million pounds worth of taxpayers funding cannot provide a service that's better than a free service on the Internet.
The Wyre Forest Agenda (wfa.org.uk)
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