I want the council to pay thousands for repairs to my wife’s Porsche after it was damaged on a ‘poorly-maintained' road
A FURIOUS man has demanded the council cough up thousands for repairs on his wife's Porsche after claiming it was damaged due to a "poorly-maintained" road.
Neil Walker, 51, has been locked in a dispute with Derby City Council for nearly a year over the four-figure bill for the vintage vehicle's fixes.
He believes the local authority should fork out for the damages on his wife's classic car as he says it was sustained when she hit two huge potholes on a city-center road.
The 51-year-old explained his wife had been en route to collect him fromLondon Road Community Hospital in May last year when she hit "two bumps on the road".
Neil, from Spondon, said it occurred when she had been driving down Canal Street, which had been "repaired poorly" and was left "uneven".
The couple's beloved car was left with various scratch marks across the bumper and they were then slapped with a huge repair bill.
Now Neil, who is registered disabled, has slammed the council after they refused to pay for the damage and rejected his claims.
The disgruntled husband says he has been quoted over £1,000 for the full repairs, which he insists is Derby Council's duty to pay.
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He told the Derby Telegraph: "I don’t think the council should be able to get away with this – this was not my wife’s fault.
"The damage has been caused by the road surface being uneven. It wasn’t until a week after when I washed the car for my wife I noticed."
He returned to the scene of the alleged incident on July 1 to inspect the area and took some pictures of the huge dents in the tarmac.
The 51-year-old said he then alerted the local authority to the damage on the same day, before they launched an investigation.
Neil has argued that the council should stump up the cash as they have an obligation to keep the roads in a suitable condition for motorists.
"I could see the road had been repaired poorly and it looked like the road was sinking unevenly," he continued.
"I’ve told the council it has a duty to maintain roads and thousands of drivers across the city pay road tax.
I don’t think the council should be able to get away with this – this was not my wife’s fault.
"I’m upset, stressed and I expected better of the city council.
"They are doing all these projects but if you look at some of the roads in the city, they are horrendous – that’s what needs urgently looking at."
He is now considering taking legal action against the council to resolve the issue.
But the council has hit back at Neil's claims they should accept liability, saying there is no record of any defects on the road at the time.
A spokesperson for Derby City Council said: "Mr Walker did not lodge a claim with the Council until September 7, 2021.
"The Council’s Highways maintenance records for the preceding six month period prior to that date did not identify any defects on Canal Street at the material time Mr Walker alleged that the damage occurred.
"His claim was therefore repudiated, and the matter closed, with Mr Walker being informed of the outcome on or about 18 November 2021.
"This remains the Council’s position on the matter."
DO COUNCILS HAVE TO PAY FOR DAMAGE?
When vehicles are damaged due to defects in the road such as potholes, responsibility generally lies with the local authority.
You may be able to claim compensation from these authorities if your vehicle suffers damage due to a pothole.
However, if the damage was caused by other debris on the road, you are not entitled to compensation, but you can make a claim with your car insurance provider.
Most councils have different depths by which they define a pothole, often leading to claims being contested.
But the relevant highway authority does have a statutory defence.
They can’t be held responsible for a pothole they didn’t know about, either because it hadn’t been reported to them, or because it wasn’t picked up by them during their regular checks.
If your claim for compensation is rejected and you feel this was unfair, you still have the right to take the matter to a small claims court.
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