Witnesses to large pothole at jnct Nigel Rd & Peckham Rye

[TimMac]

Hi,

I'm an infrequent visitor to the EDF but I would like to call upon the ED collective for some assistance.

On Monday morning this week (15th Feb) I was unfortunate enough to have a cycle accident as a result of a huge pot hole. The incident saw me come off my bike hitting the road face first and briefly knocking me unconscious. The police and ambulance arrived and took me to hospital to patch me up. As a result I have 8 stitches above my right eye, numerous other facial abrasions but more annoyingly I've lost one front upper tooth, half of another, a third is chipped and another loose. I wasn't speeding I was pootling along at 10-15 mph and wearing a helmet, so seriously annoyed.

The upshot of my injuries is that I'm looking at a reconstructive dental bill into the thousands and so I'm considering a making a claim. The one problem is that the earliest opportunity I had to re-visit the scene and take a photograph was 24hrs later, by which time the hole had been filled.

Can I ask if any other cyclists, pedestrians or drivers witnessed the hole in question or actually saw the accident.

I would be very grateful to hear from you.

kind regards

Tim

[Green Goose]

Tim,

You certainly have my sympathy and I agree you should seek compensation from Southwark Council and publicise Southwark's neglicence as widely as possible.

Some of us have been pleading with Southwark to make a major effort to repair the potholes which arose as a result of recent frost damage. Delayed action with frost damage inevitably leads to huge incremental costs later on.

One councillor in particular (who shall be nameless) thinks that the council's funds should instead be spent on such projects as installing art work on the wall of the sub station in North Cross Road.

Check out the thread.. North Cross Road sub station - art installation

GG

[Sue]

Green Goose Wrote:

-------------------------------------------------------

> One councillor in particular (who shall be

> nameless) thinks that the council's funds should

> instead be spent on such projects as installing

> art work on the wall of the sub station in North

> Cross Road.

>

>xxxxxxxxxx

That is a really unfair comment.

Nobody has suggested using money which would be used to repair potholes to install artwork.

I don't much like the suggested art project, but get your facts right.

[KidKruger]

GG - foolish comment.

[Sandperson]

TimMac I've just had a look at the CTC site Fill that hole and can't see that the pothole was reported. Was it that temporary strip of tarmac which had been laid over a trench that had been dug? It looked like it had been driven over while it was still soft and had been pushed up on one side. I had a couple of near misses with it last week. I don't suppose you are a BC/CTC/BTF/London cycling member?

[dbboy]

Funny that, how the hole got filled in so quickly AFTER the accident. I wonder if the roadworks at the junction of Nigel Road and Peckham Rye were contributary factors? The Council seem to be experts at wasting money on things that don't need doing like changing that particular junction but unable to focus on the key things which need attention.

Hope you make a speedy recovery, good luck with your claim and take them for all you can.

[ruffers]

My understanding is that they're liable if you can show they were made aware and didn't take action. Not sure how you'll do that retrospectively though.

[TimMac]

Sandperson,

Yes, it was a hole in the temporary strip of tarmac so almost certainly associated with the roadworks. Are you a cyclist? and do you remember the hole? Thanks for taking the trouble to look at the CTC website for me, it's a shame that is wasn't reported.

Tim

Sandperson Wrote:

-------------------------------------------------------

> TimMac I've just had a look at the CTC site Fill

> that hole and can't see that the pothole was

> reported. Was it that temporary strip of tarmac

> which had been laid over a trench that had been

> dug? It looked like it had been driven over while

> it was still soft and had been pushed up on one

> side. I had a couple of near misses with it last

> week. I don't suppose you are a BC/CTC/BTF/London

> cycling member?

[buggie]

If you speak the the PAL's service at the hospital they'll be able to get you a copy of your notes from A&E - showing what time the accident occured and surely helping show that it pre-dates repairs done to the road... just a thought to help you with your case.

[Sandperson]

I can vouch for it being there until thursday. I rode that way every day last week and had to avoid it a couple of time, especially when the workers decided to muck about putting signs etc. in the road therefore narrowing the gap even more. I wasn't riding friday. There seesm to be a growing trend of temporarily filling this type of road works with soft tar and then coming back about a week later and doing the job properly. There was a horrendous one for about a week going up the hill on the east side of Peckham Rye Park.

[colin d.]

hi all,everyone moaning about these road works is driving me mad you moan about potholes they get filled,you moan.this work is mainly to make a pedistrean crossing as it is like crossing the m25.my friends dad got killed there and my other halfs mum got hit by a mini bus,so stop moaning.

[northlondoner]

TM presumably the council will have record of the repairs done to the hole.

[TimMac]

Buggie, Many thanks for the tip about the PAL Service, I will certainly get on the case.

Northlondoner, I'm hoping that the Council will have records about the filling of the hole however, I fear that human nature of avoiding admitting a mistake may mean that the re-filling of the hole may not be recorded! Do you know if there is a way the contractor's log of work done can be inspected?

[Sandperson]

What are you on about Colin. It's not a ped crossing they are putting in as far as I know. Aren't they narrowing the entrance to Nigel Rd? I'm truely sorry about your family member's accidents but what has this got to do with the thread? TimMac has been pretty badly hurt and I don't think it's fair to criticise him for wanting some sort of comeback. The (temporary) repairs to the road there left a lot to be desired and it's only luck that this a. didn't happen to more people and b. it didn't cause even more serious injury.

Put in a ped crossing, dig up the road, but take some responsibility for the repairs and if they aren't up to scratch then make sure people either can't come to harm or make them better!

[Green Goose]

KidKruger Wrote:

-------------------------------------------------------

> GG - foolish comment.

Why so, KK given that in a different thread you said.....

QUOTE

"Art is a luxury.

Safety, Health and Welfare are not."

UQUOTE

GG

[Villager]

Green Goose Wrote:

-------------------------------------------------------

> Tim,

>

> You certainly have my sympathy and I agree you

> should seek compensation from Southwark Council

> and publicise Southwark's neglicence as widely as

> possible.

>

> Some of us have been pleading with Southwark to

> make a major effort to repair the potholes which

> arose as a result of recent frost damage. Delayed

> action with frost damage inevitably leads to huge

> incremental costs later on.

>

> One councillor in particular (who shall be

> nameless) thinks that the council's funds should

> instead be spent on such projects as installing

> art work on the wall of the sub station in North

> Cross Road.

>

> Check out the thread.. North Cross Road sub

> station - art installation

>

> GG

Calling Councillor Barber ...

James, as a frequent contributor to this community forum, would you like to comment please.

Do we have potholes or art work?

GG

[TimMac]

Can I respectfully ask that we don't stray off-topic. The damaged road surface which I hit was not your normal pothole caused by wear and tear or freeze/thawing but by a contractor who had not filled a hole correctly.

Many thanks.

[NorthernPup]

Whilst I sympathise with your accident and resulting injury, we should not loose site of the motive of the original posting which is to build a case to seek damages from soutwark council (and ultimately Us, the taxpayer). Why exactly? As a cyclist you pay no license fee, road tax etc and are not required to be insured and therefore do not contribute to the upkeep of the roads? As a cyclist myself, you should be all to aware that potholes are a risk (increased by the recent bad weather, hardly the fault of the council)-isn't this just a case of an unfortunate (albeit painful) accident that should be chalked up to experience?

[northlondoner]

TimMac Wrote:

-------------------------------------------------------

> Buggie, Many thanks for the tip about the PAL

> Service, I will certainly get on the case.

>

> Northlondoner, Do you know if

> there is a way the contractor's log of work done

> can be inspected?

Not sure - but it would be extraordinary if the council opted to lie about when hole got filled. This is an election year. Get Barber involved

[Sandperson]

What an idiotic post Northernpup. I bet Tim pays council tax, I wouldn't even be suprised if he paid road tax on a car and chose not to use it for a commute. I've heard that same pathetic argument to cover the arses of people who really should have taken more car over their duty of care to road users over and over again. To call this an 'unfortunate (albeit painful) accident that should be chalked up to experience' is not good enough. I'd like to see you fork out thousands of pounds in treatment without feeling aggrieved at the prospect. And as for you paying out through your Council tax? What a load of rubbish, the council will have insurance i place for these kind of eventualitites, the premiums will already be paid and anyway, I wouldn't be suprised if they claimed their money back from the contractors if negligence is proved. The road works on that junction have been an accident waiting to happen over the last week or so. The road surface is terrible in places and the workmen seem to move the barriers at will leaving very little room for traffic to pass.

Maybe a little more empathy would be a god idea instead of you thinking how it's going to hit your pocket.

[Huguenot]

Fuel duty and vehicle excise duty in the UK are not hypothecated taxation - in other words the tax revenue isn't for spending on the road.

Hence the obligation on the authorities to take reasonable care of the roads has nothing to do with whether you've paid motoring taxes or not.

As it happens only trunk roads are funded directly be central government (who are the recipients of motoring taxes) so this particular hole has nothing to do with whether the victim's paid motoring taxes at all.

[KidKruger]

Green Goose - I was saying that the comment about :

"One councillor in particular (who shall be nameless) thinks that the council's funds should instead be spent on such projects as installing art work ..........."

Was foolish.

Mainly because it claims to keep the councillor anonymous but then provides a link to a thread where his identity is clear, but secondly because it makes a claim about said councillor's stance on the subject which is unfounded and innaccurate.

[Jeremy]

Tim - this sounds like a really terrible thing to happen. Financially, if you're only after the costs of the (NHS) dental bill, then I'd say you were right to make a claim. If so, good luck with it.

[James Barber]

Hi NorthernPup,

For clarity over 90% of roads in Southwark are maintained by Sotuhwark Council.

75% of Southwark's funding comes from central government and 25% from council tax and fees and charges. Of the 75% that comes from central government a tiny amonut comes from vehicle excise duty but majority from VAT, Income Tax, etc.

So whether a cyclists has or doesn't have a car they still braodly pay the same amonut in taxation as some one who drives a car.

Hope that puts a little context on road maintenance funding in Southwark.

The junction this crash occurred at is in Peckham The Lane ward. The local councillors for The Lane are [email protected] or [email protected]. Normally 3 councillors representing every ward but cllr Susan Ellan-Jones resigned the after a by election would have been called if a cllr resigned (within 6 months of lcoal elections) so she can concentrate on fighting safe South Wales Labour parliamentary seat.

Hope this helps.

[Mellors]

I can also vouch for it being there - and an awful one it was too. I nearly did the same as you when I got in a tussle with a pushy 63 bus driver on one of my bike rides in last week.

PM me if there is anything I can do, and you have my every sympathy - the roads are an absolute disgrace and a hazard for cyclists at the moment.