POTHOLES

The second reason wouldn't stand up in court if the time between being told about it and the accident is too long - the court would decide on the timing, depending on the severity.

I took them to court when I had to replace a wheel and tyre and they had known about it for a month. Their argument was that it was on a narrow country road and, therefore, way down on their list of things to do. When I pointed out that it wasn't a pothole but a hole created by them when they resurfaced the road and didn't raise a drain the court registrar laughed. He then said that he thought a month was sufficient time to fix it, even if it was a pothole, as they had admitted the road didn't need resurfacing, just the hole filled. £420 plus costs.

The trouble with all this is that you have to feel confident to argue in court and have the time to do so. A couple of years later I had another claim against them, which they refused to entertain, and so I sent my claim to the Council's solicitor that fought me in court last time. They paid up!