Here's how I won my pothole claim battle with Essex County Council

Here's how I won my pothole claim battle with Essex County Council

Here's how I won my pothole claim battle with Essex County Council

First published in News
Last updated

A MOTORIST has won a pothole victory after taking Essex County Council to court.

David Le Grys’s car was damaged when he drove through the six-inch deep hole near his home in Water Lane, Little Horkesley.

The council turned down the former Commonwealth Games cyclist’s initial compensation claim.

Determined Mr Le Grys, 58, applied to the small claims court and it ruled in his favour.

He served the judgment order on June 5, but did not get a response.

Finally, Mr Le Grys sent the council a warrant and received a cheque for £494.

He said: “The warrant is the last thing you can do in the small claims court when nobody responds.

“The court takes over and they took action on my behalf.

“As a result, they collected the money for me.”

For more on how Mr Le Grys defeated the council, see Wednesday's Daily Gazette

Comments (12)

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8:20am Wed 20 Aug 14

jammin says...

Good work that man!
Good work that man! jammin
  • Score: 22

8:58am Wed 20 Aug 14

Say It As It Is OK? says...

I had a dispute with Carphone Warehouse about a faulty mobile phone, that they refused to replace, even after I had accepted a repair and the phone failed within a week of getting it back from their repairers. It's essential that all communications are in writing and give them chance to pay before going to court.

The online process for a claim through the county court is not expensive, its simple and straight forward to process and in many cases, as with Carphone Warehouse they don't contest the claim. I received judgement, with all my costs included in the settlement.

There is a degree of satisfaction that you have beaten the faceless "computer says no" businesses/councils who know the majority won't pursue their claim. So just do it!
I had a dispute with Carphone Warehouse about a faulty mobile phone, that they refused to replace, even after I had accepted a repair and the phone failed within a week of getting it back from their repairers. It's essential that all communications are in writing and give them chance to pay before going to court. The online process for a claim through the county court is not expensive, its simple and straight forward to process and in many cases, as with Carphone Warehouse they don't contest the claim. I received judgement, with all my costs included in the settlement. There is a degree of satisfaction that you have beaten the faceless "computer says no" businesses/councils who know the majority won't pursue their claim. So just do it! Say It As It Is OK?
  • Score: 21

9:23am Wed 20 Aug 14

Ritchie_Hicks says...

Plenty of cases now showing that people CAN win these claims. Perhaps if more people start to issue proceedings through the Small Claims Court, ECC might start to take notice.

Anyone can do it. You don't need a solicitor. Visit www.moneyclaim.gov.u
k to start a claim.
Plenty of cases now showing that people CAN win these claims. Perhaps if more people start to issue proceedings through the Small Claims Court, ECC might start to take notice. Anyone can do it. You don't need a solicitor. Visit www.moneyclaim.gov.u k to start a claim. Ritchie_Hicks
  • Score: 17

10:17am Wed 20 Aug 14

Ontheball says...

I think the Small Claims Court is the best way of dealing with the Council.
They know damned well that they cannot support their refusals so they will (rarely) contest it in court. Shows you what a slimy bunch they are.
I think the Small Claims Court is the best way of dealing with the Council. They know damned well that they cannot support their refusals so they will (rarely) contest it in court. Shows you what a slimy bunch they are. Ontheball
  • Score: 19

1:17pm Wed 20 Aug 14

eponymous coward says...

The fact that our local and county council refuse to pay out except when taken to court shows that the people running each of these institutions are not fit to hold the positions that they do. You are being taken to court because you are NEGLIGENT in performing your contractual duties to the very people who fund you.

Alas no action is taken by our politicians to remove from office the incompetent Joanna Killen CEO of Essex County Council, even though she is earning over 250K a year to FAIL at her job.
The fact that our local and county council refuse to pay out except when taken to court shows that the people running each of these institutions are not fit to hold the positions that they do. You are being taken to court because you are NEGLIGENT in performing your contractual duties to the very people who fund you. Alas no action is taken by our politicians to remove from office the incompetent Joanna Killen CEO of Essex County Council, even though she is earning over 250K a year to FAIL at her job. eponymous coward
  • Score: 12

4:27pm Wed 20 Aug 14

Jess Jephcott says...

What galls me is that motorists think that I should pay them for the damage they cause to their cars. Potholes are inanimate features. They don't cause damage. It is the driver of the car that causes the pothole and the damage to their car. My taxes go to pay these morons and I wish the authorities would put a stop to it and spend the money instead on repairing our roads, or anything else for that matter, for a wider, rather than selfish, benefit. If you have taken taxpayer's hard earned money to compensate for your own stupidity then please don't going running to the press to crow about it. It annoys the hell out of me.
What galls me is that motorists think that I should pay them for the damage they cause to their cars. Potholes are inanimate features. They don't cause damage. It is the driver of the car that causes the pothole and the damage to their car. My taxes go to pay these morons and I wish the authorities would put a stop to it and spend the money instead on repairing our roads, or anything else for that matter, for a wider, rather than selfish, benefit. If you have taken taxpayer's hard earned money to compensate for your own stupidity then please don't going running to the press to crow about it. It annoys the hell out of me. Jess Jephcott
  • Score: -18

11:18pm Wed 20 Aug 14

Jess Jephcott says...

Truth hurts morons. Is it any wonder that the country is in such a state when there are people like you out there to drag us all down?
Truth hurts morons. Is it any wonder that the country is in such a state when there are people like you out there to drag us all down? Jess Jephcott
  • Score: -5

11:29pm Wed 20 Aug 14

Ritchie_Hicks says...

Jess Jephcott wrote:
What galls me is that motorists think that I should pay them for the damage they cause to their cars. Potholes are inanimate features. They don't cause damage. It is the driver of the car that causes the pothole and the damage to their car. My taxes go to pay these morons and I wish the authorities would put a stop to it and spend the money instead on repairing our roads, or anything else for that matter, for a wider, rather than selfish, benefit. If you have taken taxpayer's hard earned money to compensate for your own stupidity then please don't going running to the press to crow about it. It annoys the hell out of me.
With respect, you couldn’t be further from the truth.

Motorists are one of the highest groups of contributors to the Exchequer. Not only do most pay Road Fund Licence (VRD) but they also pay fuel duty and then VAT on top of it. They also pay VAT on repairs/parts. Many contribute to society – remember that the next time your online order arrives or your postman delivers you a letter.

With the amount of money contributed by Motorists, it’s not unreasonable for them to expect the roads to be in a reasonable enough condition to use without damage being caused to their vehicles.

The condition of some of the roads in Colchester is terrible – poor management of funding and poor planning of repairs.
[quote][p][bold]Jess Jephcott[/bold] wrote: What galls me is that motorists think that I should pay them for the damage they cause to their cars. Potholes are inanimate features. They don't cause damage. It is the driver of the car that causes the pothole and the damage to their car. My taxes go to pay these morons and I wish the authorities would put a stop to it and spend the money instead on repairing our roads, or anything else for that matter, for a wider, rather than selfish, benefit. If you have taken taxpayer's hard earned money to compensate for your own stupidity then please don't going running to the press to crow about it. It annoys the hell out of me.[/p][/quote]With respect, you couldn’t be further from the truth. Motorists are one of the highest groups of contributors to the Exchequer. Not only do most pay Road Fund Licence (VRD) but they also pay fuel duty and then VAT on top of it. They also pay VAT on repairs/parts. Many contribute to society – remember that the next time your online order arrives or your postman delivers you a letter. With the amount of money contributed by Motorists, it’s not unreasonable for them to expect the roads to be in a reasonable enough condition to use without damage being caused to their vehicles. The condition of some of the roads in Colchester is terrible – poor management of funding and poor planning of repairs. Ritchie_Hicks
  • Score: 5

12:23am Thu 21 Aug 14

Dark_Wolf says...

Ritchie_Hicks wrote:
Jess Jephcott wrote:
What galls me is that motorists think that I should pay them for the damage they cause to their cars. Potholes are inanimate features. They don't cause damage. It is the driver of the car that causes the pothole and the damage to their car. My taxes go to pay these morons and I wish the authorities would put a stop to it and spend the money instead on repairing our roads, or anything else for that matter, for a wider, rather than selfish, benefit. If you have taken taxpayer's hard earned money to compensate for your own stupidity then please don't going running to the press to crow about it. It annoys the hell out of me.
With respect, you couldn’t be further from the truth.

Motorists are one of the highest groups of contributors to the Exchequer. Not only do most pay Road Fund Licence (VRD) but they also pay fuel duty and then VAT on top of it. They also pay VAT on repairs/parts. Many contribute to society – remember that the next time your online order arrives or your postman delivers you a letter.

With the amount of money contributed by Motorists, it’s not unreasonable for them to expect the roads to be in a reasonable enough condition to use without damage being caused to their vehicles.

The condition of some of the roads in Colchester is terrible – poor management of funding and poor planning of repairs.
No such thing as Road Fund Licence (VRD). its VED to pay for the pollution the cars spout out, we all pay for the roads thru general taxation.
[quote][p][bold]Ritchie_Hicks[/bold] wrote: [quote][p][bold]Jess Jephcott[/bold] wrote: What galls me is that motorists think that I should pay them for the damage they cause to their cars. Potholes are inanimate features. They don't cause damage. It is the driver of the car that causes the pothole and the damage to their car. My taxes go to pay these morons and I wish the authorities would put a stop to it and spend the money instead on repairing our roads, or anything else for that matter, for a wider, rather than selfish, benefit. If you have taken taxpayer's hard earned money to compensate for your own stupidity then please don't going running to the press to crow about it. It annoys the hell out of me.[/p][/quote]With respect, you couldn’t be further from the truth. Motorists are one of the highest groups of contributors to the Exchequer. Not only do most pay Road Fund Licence (VRD) but they also pay fuel duty and then VAT on top of it. They also pay VAT on repairs/parts. Many contribute to society – remember that the next time your online order arrives or your postman delivers you a letter. With the amount of money contributed by Motorists, it’s not unreasonable for them to expect the roads to be in a reasonable enough condition to use without damage being caused to their vehicles. The condition of some of the roads in Colchester is terrible – poor management of funding and poor planning of repairs.[/p][/quote]No such thing as Road Fund Licence (VRD). its VED to pay for the pollution the cars spout out, we all pay for the roads thru general taxation. Dark_Wolf
  • Score: -1

12:26am Thu 21 Aug 14

Dark_Wolf says...

We all use the roads one way or another & as we pay all pay towards its maintenance then we should expect it to be maintained. we all know the roads have been neglected for far too long by the Councils as they redistribute the road funding elsewhere & then complain they cant keep up with repairs when they finally get round to it. Perhaps its time it should be controlled by main Government than local authorities.
We all use the roads one way or another & as we pay all pay towards its maintenance then we should expect it to be maintained. we all know the roads have been neglected for far too long by the Councils as they redistribute the road funding elsewhere & then complain they cant keep up with repairs when they finally get round to it. Perhaps its time it should be controlled by main Government than local authorities. Dark_Wolf
  • Score: -2

9:14am Thu 21 Aug 14

Ritchie_Hicks says...

Dark_Wolf wrote:
Ritchie_Hicks wrote:
Jess Jephcott wrote:
What galls me is that motorists think that I should pay them for the damage they cause to their cars. Potholes are inanimate features. They don't cause damage. It is the driver of the car that causes the pothole and the damage to their car. My taxes go to pay these morons and I wish the authorities would put a stop to it and spend the money instead on repairing our roads, or anything else for that matter, for a wider, rather than selfish, benefit. If you have taken taxpayer's hard earned money to compensate for your own stupidity then please don't going running to the press to crow about it. It annoys the hell out of me.
With respect, you couldn’t be further from the truth.

Motorists are one of the highest groups of contributors to the Exchequer. Not only do most pay Road Fund Licence (VRD) but they also pay fuel duty and then VAT on top of it. They also pay VAT on repairs/parts. Many contribute to society – remember that the next time your online order arrives or your postman delivers you a letter.

With the amount of money contributed by Motorists, it’s not unreasonable for them to expect the roads to be in a reasonable enough condition to use without damage being caused to their vehicles.

The condition of some of the roads in Colchester is terrible – poor management of funding and poor planning of repairs.
No such thing as Road Fund Licence (VRD). its VED to pay for the pollution the cars spout out, we all pay for the roads thru general taxation.
You can be pedantic over a typo if you like, but my point is still the same.

However the tax is collected there's no excuse for the condition of some of the UK's roads.
[quote][p][bold]Dark_Wolf[/bold] wrote: [quote][p][bold]Ritchie_Hicks[/bold] wrote: [quote][p][bold]Jess Jephcott[/bold] wrote: What galls me is that motorists think that I should pay them for the damage they cause to their cars. Potholes are inanimate features. They don't cause damage. It is the driver of the car that causes the pothole and the damage to their car. My taxes go to pay these morons and I wish the authorities would put a stop to it and spend the money instead on repairing our roads, or anything else for that matter, for a wider, rather than selfish, benefit. If you have taken taxpayer's hard earned money to compensate for your own stupidity then please don't going running to the press to crow about it. It annoys the hell out of me.[/p][/quote]With respect, you couldn’t be further from the truth. Motorists are one of the highest groups of contributors to the Exchequer. Not only do most pay Road Fund Licence (VRD) but they also pay fuel duty and then VAT on top of it. They also pay VAT on repairs/parts. Many contribute to society – remember that the next time your online order arrives or your postman delivers you a letter. With the amount of money contributed by Motorists, it’s not unreasonable for them to expect the roads to be in a reasonable enough condition to use without damage being caused to their vehicles. The condition of some of the roads in Colchester is terrible – poor management of funding and poor planning of repairs.[/p][/quote]No such thing as Road Fund Licence (VRD). its VED to pay for the pollution the cars spout out, we all pay for the roads thru general taxation.[/p][/quote]You can be pedantic over a typo if you like, but my point is still the same. However the tax is collected there's no excuse for the condition of some of the UK's roads. Ritchie_Hicks
  • Score: 4

8:07am Fri 22 Aug 14

Navajo wife says...

I HATE POTHOLES.. We have the same problem here in California. If the city/town is responsible for maintaining the roads, they should do it. Those potholes can really damage a car as ee all know. The council should be far more diligent in maintaining your streets.Glad this gentleman was successful. .
I HATE POTHOLES.. We have the same problem here in California. If the city/town is responsible for maintaining the roads, they should do it. Those potholes can really damage a car as ee all know. The council should be far more diligent in maintaining your streets.Glad this gentleman was successful. . Navajo wife
  • Score: 0
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