Driven over wet tarmac - who is at fault here?

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That's very inadequate signage of wet tarmac. And the council clearly know it as they rushed out an emergency deployment of cones afterwards just before someone came out to take photos and inspect it. Your girlfriend was very smart to take a photo at the time.

The Council always try it on relying on them being a big organization that can give people the brush off the target being a lone individual who wont (they hope) try to fight them. And the before and after photos are good evidence, imo. I would fight it. So she bumped over the cone? It's just an obstacle in the road at that point - no readable message on it, isolated away from any others. She probably just figured it had fallen off a truck or some student had dumped it there. The council realized this afterwards which is why the moment they realized there might be money at stake sent someone round in a rush to line up lots of signs and warnings.


Also, given the likely costs of repairing the driveway and my wild guesstimate of how much dog-walkers charge, I imagine she would have to walk a Hell of a lot of dogs for them for a Hell of a long time before she broke even on paying for repairs. Not that it should come down to this, it should really come down to whether it was her fault or not. But I would say it's the council's fault and they should pay.
 
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OP, don't be a white knight, your girlfriend messed up and told porkie pies, as her man pay for her mistake and tell her off, instead of making a circus out of it.
 
Have you got a before image showing the signage going down the street? I don't think the single photo proves much as your GF clearly came from the other direction, and possibly past other signs you're 'evidence' doesn't show.
 
Tosno said:
OP, don't be a white knight, your girlfriend messed up and told porkie pies, as her man pay for her mistake and tell her off, instead of making a circus out of it.
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reddit/MRA has spoken:

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Lol realised this thread has a lot of content that would break the 'sexist rule' on the new content thread.

Oh well, not like there are girlz on teh internets

Certainly none on OCuk
 
it could have been cleaned 3 times already in the length of this thread. its about a 30min job.

just get your gf to offer to walk the dogs for one day next week for free and clean it whilst she is there, most of it would have worn off by then by the client driving over it. its slurry seal (3mm thick glue with mirco dust) not tarmac dont worry.

when the contractors lay the stuff they put gaffa tape over the kerbs and iron works, wait for the slurry seal to dry then walk around pulling up the gaffa tape the seal will break stright off. a bit like removing masking tape after painting
 
Please don't send that message, try the below where you acknowledge the issue and want to sort it out for them yourself. The client doesn't want to know your issues of pursuing a case with the council so leave them out of that.

MG42Maniac said:
Hi [Client],

Thanks for your message. Apologies for the delay getting back to you and leaving you waiting as I wanted to first seek advice before responding.

I want to rectify the situation as fast as possible. I will try cleaning it myself with researched products/tips. I will then quickly assess if it will require more professional services of which I will arrange if required. Please let me know a convenient time for you or I could try when I next walk your [perfect pooch].

I apologise again and I will endeavour to rectify the issue as expediently as possible.
[Name]
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Avenged7Fold said:
Lol realised this thread has a lot of content that would break the 'sexist rule' on the new content thread.

Oh well, not like there are girlz on teh internets

Certainly none on OCuk
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Sexist rule :D

This forum! This country! :D What a world we live in. It's called having a laugh.

Internet = SERIOUS BUSINESS
 
Obviously didn't take the time or exercise enough caution to find out why a cone might be blocking the dropped curb so just zoomed over the grass instead. Typical woman driving :p
 
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Right.... For clarification as I'm having such a busy day at work :rolleyes:

OPs girlfriend needs to submit a complaint detailing she wants to claim costs and will need to contact the local authority submitting a statement and her evidence.

The property owner needs to cite a separate complaint and can also exchange statements together to state signage was not adequate. The likelihood is that a Council has to make suitable provisions to highlight works that are occurring.

The one catch is if she has a picture showing down the street proving there was no road markings coming up. Only if a witness statement of the property owner said that would it be given weight.

Yes I called two councils just and yes... I am that sad.
 
Signage is absolute ****, there should be at least a trestle board painted red/white bands across the end of each driveway prohibiting entry.

There is no indication of where there is wet tar. :confused:

To the left, the right, behind or under the cone. The extents of wet tar or any indication that you should not enter or the class of vehicle(s) prohibited from entry.

What about walkers, cyclists, pram users?

She may have done wrong, but IMO the council have made a large contribution to the event occurring. It should not be possible for anyone unknowingly to enter a construction site or place of work where damage or injury may occur to the public even though they may show lack of foresight (or intelligence).
 
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Avenged7Fold said:
Lol not arguing for moderation to take hold, just find it funny.

Busy day at work, decides to call two councils about a stranger's girlfriend's issue. :D
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Not arguing because nothing argue about. Gf raises a dispute as does the owner and the authority decides if to indemnify based on the fact if they took it to court they would lose and thus cost them more.

Well technically I realised I was on lunch and only took 2:34 on one call and 1:57 on the other. Floats my boat :p
 
If im totally honest if I saw a lone cone in a street I would have also thought some yobs have just thrown it there for whatever reason and done the same as the OP, driven around it.

Lets say the OP's client was 1 house either direction? Any cones there? No, so then the "cone in the way" arguement wouldn't hold.

Council at fault, but, keep the client happy, pay for it to be sorted and then sort it out with the council after.
 
Signing will have been adequate under chapter 8, as it is a footway that has been resurfaced not a carriageway.
Im assuming that the footway will have had pedestrian signage in place at either end advising pedestrian to use the other footway opposite. Slurry seal id generally good to walk on about 10 - 20 mins after it has been laid.

the driveways thresholds can not be fully blocked off as the council can not stop people from accessing their properties, and if people want to drive across wet tar to access their properties thats up to them and the council will see it like that.
As each of those properties will have been letter dropped before hand letting them know of the proposed works to commence.

one cone with a black foot bottom of 0.6m in the middle of a driveway dropped threshold. Which generally is 4 kerbs at 0.9m which it 3.6m in length giving you 1.5m either side of the cone to enter the drive this can not be achieved in a car and as such is sufficient to stop a car, although it is still easy enough for a resident to move if they wish to enter their property this is how the council will see it. that being said the council will just pass the blame onto the contractors who will give a two word answer.


EDIT
* Didn't see the the picture in the middle with all the missing cones ( im in the middle of designing some highway schemes), yes that is bad. Although that slurry seal stinks, so really she should have noticed but we are all entitled to a lapse in concentration*
 
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