Monea man refused compensation over pothole damage
Published: 26 Jul 2012 13:000 comments
Where it has not done so and a road user sustains damage to their vehicle because of this lack of maintenance, the legislation allows them to claim compensation from the Department, but not this time.
Mr. Thornton's partner and 10-month-old son had the shock of their lives when the car bumped off the pothole on the road between Derrygonnelly and Monea back in January. At the time, Mr. Thornton told The Impartial Reporter's Julie Kenwell about the incident.
"She drove into the pothole and the tyre just burst. She got a bit of a shock all right. It beggars belief that in this day and age we have roads that are left to get into that state. I don't know how long it has been there but this is a big hole -- it didn't appear over night," he said.
Mr. Thornton then sent a letter of complaint to Road Service asking to be reimbursed for the money he paid out in getting the family car repaired and last week he received a letter from them telling him that an investigation had been completed but liability for the claim was denied.
The letter stated that the Department's records showed that a system of inspection and repair was in operation, and it believed that it could show that Leighan Road was being maintained to an adequate standard and added that the road in question is inspected for defects on a four monthly basis and in addition to this regular system of inspection, the Department also has a system for responding to complaints from members of the public who have identified potential hazards on the roadway.
In the letter, a spokesperson stated: "The inspection before the accident took place on November 21, 2011 and no actionable defect was noted during this inspection."
They say the pothole was brought to their attention on February 1, 2012 due to a public complaint and was repaired on February 6, 2012, within the time-scale set by the Department for repairs to defect of this type.
Road Service says it is satisfied that it can demonstrate that it was carrying out a regular system of maintenance of Leighan Road.
But unhappy with the response, Mr. Thornton says he intends to appeal the decision.
"I am not happy at all, I am disgusted. I think this is a poor explanation and intend to seek legal action," he said.
Commentscomments powered by Disqus
Get more stories from our Roundup section
8 Mar 2014 19:00 • Editorial Department
Roscommon come calling to Enniskillen this Sunday and put their 100 percent record on the line against a Fermanagh side who will still be reeling from last weekend’s defeat to Longford in which they threw away a nine point lead at Pearse Park.
8 Mar 2014 17:30
Cliftonville proved too strong for Ballinamallard at Solitude today as they ran out 5-0 winners to maintain their push to retain the Gibson Cup.
8 Mar 2014 15:00 • Meadhbh Monahan
The news that the Education Minister John O’Dowd has accepted Enniskillen Integrated Primary School’s Development Proposal, allowing an increase in year one pupils from 30-56, was being celebrated in style last Friday.
8 Mar 2014 13:00 • Meadhbh Monahan
There were emotional scenes in a Derrylin hair salon last Friday as 10-year-old Katie Corrigan had 10 inches of her beautiful blonde hair cut off.
8 Mar 2014 10:00 • Brian Donaldson
With the 100th anniversary of the First World War being commemorated this year, there are many events throughout the county to mark this historic event.
7 Mar 2014 22:05
Fermanagh manager Pete McGrath has made two changes to his starting team from the side that started against Longford against last Sunday
7 Mar 2014 21:30 • Editorial Department
A shoplifting couple caught stealing clothes from a number of shops in Enniskillen “hope to start afresh” in Belfast.
7 Mar 2014 19:00 • Editorial Department
Ballinamallard United are in for a busy few days with two big games in three days coming up.
7 Mar 2014 15:00
Fermanagh Trust @FermanaghTrust Taxes do NOT cover the cost of Children’s Hospice @NIHospice but do fund play parks, business support services, airport hangars, etc WHY?
7 Mar 2014 13:00 • Editorial Department
ROARING engines and squealing tyres may become a thing of the past in Hollyhill link car park after Fermanagh District Council teamed up with the PSNI and Road Service to tackle the problem.
7 Mar 2014 11:50 • Editorial Department
Police are releasing an efit image based on a description of a man they would like to speak to.
7 Mar 2014 11:00 • Lily Dane
Pictured 50 years ago are Mrs. Florence Carrothers, Saloon, Ballinamallard (on right) and Miss Dorrie Foy, of Wheathill, Derrygonelly, who share the Hassard Cup as they were equal in gaining the greatest number of points in the home baking section of the County Show.
7 Mar 2014 10:00 • Rodney Edwards
SINN Fein’s Phil Flanagan (pictured) has described the behaviour of some financial institutions as “disgraceful” after he was charged £168 for four failed direct debit payments by his bank.
7 Mar 2014 09:25
Holders Enniskillen Town Utd will have to overcome Junior Cup semi-finalists Lisnarick if they are to book their place in the quarter-finals of the Impartial Reporter Mulhern Cup.
6 Mar 2014 21:20 • Rodney Edwards
Firefighters are dealing with a blaze in Donagh tonight (Thursday).
6 Mar 2014 21:00 • Julie Kenwell
DIRECTOR of this year’s Enniskillen Drama Festival says he fears for the future of the event on the eve of its opening night.
6 Mar 2014 19:00 • Rodney Edwards
Spake: “There must be a funeral... there are cones out.”
6 Mar 2014 19:00 • Julie Kenwell
MENTION the term domestic abuse and often the stereotype that comes to mind is a struggle between a male and female in their home.
6 Mar 2014 18:00 • Editorial Department
An armed robber been jailed for three-and-a-half years for holding up the Halifax Bank in Enniskillen using a machete.
6 Mar 2014 17:00 • Rodney Edwards
DUP Councillor Bert Johnston cried “I paid the price” during a lively Council debate on Monday night after a Sinn Fein councillor claimed he had been involved in a fracas many years a go in which “somebody got a kick in the ass.”