MOTORISTS who suffered damage to vehicles in Wiltshire potholes in December/January may be interested to know how I got on when I challenged the Highways Authority, claiming for the damage done to my car.
It appears that the Highways Authority holds all the cards. They are legally protected even to a paragraph in the Highways Act 1980 entitled 'special defence in action against a highway authority for damages for non-repair of highway'. So if we damage our cars in Wiltshire potholes no one is apparently accountable, it must be our fault! If one cannot prove negligence, or that the committee could 'reasonably have known' that the road surface was defective, they are fully protected and we have no redress.
It might have helped if the person who fielded all our claims had been slightly less triumphant in the tone of her standard rebuff. Of course she knew she was on to a winner.
However, amongst the information gleaned during my researches was one very good piece which explains why Wiltshire roads are so appalling. Between 1993 and 1994 and 2001 and 2002 the highways budget has been cut from £16 million to £8 million.
Perhaps it is time that a concerted effort was made to convince central government that a greater share of our road tax (it used to be the road fund licence when I first paid it) should be returned to the local administration. Maybe it could be proportionate to the number of vehicles registered in each county and earmarked for roads! It is strange though that when one crosses county boundaries one often finds a much smoother ride. Do other counties spend more of their budget on their roads, or are they given bigger grants?
BRIDGET GREEN
Russell Mill Lane
Littleton Panell
Devizes
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