My car hit a large pot hole on New Street, Great Torrington, Devon, EX38.
There was no warning signs to indicate the pot hole was there as the depth exceeds the legal limit of 40mm. Having made some enquiries, I learnt the pot hole has been there for some time and a number of cars have suffered damage. I will get my car assessed tomorrow as it appears damage has been done to the passenger side front and back tyres. I need to also ascertain if damage has been done under my vehicle.
Please forward to me copies of the following documents from the Personal Injury Pre-Action Protocol Disclosure list within 3 months and 23 days of the date of this letter: –
Records of inspection for the relevant stretch of highway for a period
of 12 months prior to and including the date of my accident and maintenance records, including records of independent contractors working in the relevant area for a period of 12 months prior to and including the date of my accident;
New Street, Great Torrington, enquiry details and Dates of safety inspections undertaken on the carriageway between 28/01/2017 and 28/01/2018
Hierarchy Classification: Category 3 National Primary Route, inspected monthly
Road/Section Number: A
Carriageway Safety Inspection Dates:
9 January 2017, 13 February 2017, 7 March 2017, 10 April 2017, 10 May 2017, 12 June 2017, 11 July 2017, 7 August 2017, 11 September 2017, 10 October 2017, 8 November 2017, 7 December 2017, 15 January 2018.
records of the minutes of Highway Authority meetings where maintenance or repair policy has been discussed or decided for a period of 12 months prior to and including the date of my accident;
Devon County Council do not hold minutes relating to the safety policy for the period of 12 months prior to the alleged incident. Therefore, this information is not held. The new policy Highway Safety Inspection Manual came into effect from 5th September 2016.
records of complaints about the state of the highway in question for a period of 12 months prior to and including the date of my accident;
Refer to response above.
records of other accidents which have occurred on the relevant stretch of highway for a period of 12 months prior to and including the date of my accident.
Refer to response above.
CCTV and /or surveillance footage of the accident and / or locus on the day of the accident or such earlier or later date as may become apparent to you following such enquires as are made in respect of this Letter Of Claim. If the CCTV and / or surveillance footage is no longer available or has been destroyed then we will require details of why the said footage is not available and / or the date of destruction and reason for same.
Devon County Council does not have CCTV in Torrington. Therefore, this information is not held.