Cycle path

[carpenter]

https://www.chilternsaonb.org/uploads/files/AboutTheChilterns/Farming/farming_hedge_mgt.pdf

https://www.lowimpact.org/environmental-damage-caused-flail-cutting-hedgerows-can-done/

Worth a look. Both seem quite common sense. Although if money is your only concern that is a problem

 

[Wyn Davies]

Hedge trimming sounds quite reasonable - around here someone has been flailing hedges, hell of a mess and it can't be good for the plants or wildlife (let alone bike tyres).
Seems to me flailing has become the cheapest option and sod the consequences.

Well said Carpenter

 

[MontyVeda]

Personally I think the OP should take this to the small claims court... and keep us posted of how the claim progresses. It doesn't matter that the tube plus slime and petrol probably cost a little less than the small claims fees, it's the principal! Plus, the posts will be priceless.

 

[mjr]

Personally I think the OP should take this to the small claims court... and keep us posted of how the claim progresses. It doesn't matter that the tube plus slime and petrol probably cost a little less than the small claims fees, it's the principal! Plus, the posts will be priceless.

If (big if) he can show that the council knew and did not act, thereby breaching their TAMP and so the law, they will often settle on a letter before action because it's cheaper than paying their lawyers to answer the claim. But only if there is any evidence they did not follow their Transport Asset Management Plan.

 

[MontyVeda]

If (big if) he can show that the council knew and did not act, thereby breaching their TAMP and so the law, they will often settle on a letter before action because it's cheaper than paying their lawyers to answer the claim. But only if there is any evidence they did not follow their Transport Asset Management Plan.

I still think it's worth him taking it to Small Claims. The principal is the point.

 

[Drago]

Unfortunately, for such a tiny amount it is liable to be regarded as a frivolous claim and not allowed at best, or costs found against the plaintiff at worst as a means of deterring actions for such tiny amounts. The history of claims for such tiny sums shows the county court views this as a waste of their time.

 

[vickster]

I still think it's worth him taking it to Small Claims. The principal is the point.

Even the principle!

 

[Wyn Davies]

Personally I think the OP should take this to the small claims court... and keep us posted of how the claim progresses. It doesn't matter that the tube plus slime and petrol probably cost a little less than the small claims fees, it's the principal! Plus, the posts will be priceless.

Thank you I did send a claim to the council after a heated phone call they said they would post me the farmers address but I am still waiting thank you.

 

[Jody]

Thank you I did send a claim to the council after a heated phone call

Tell me this is a wind up

 

[mjr]

Tell me this is a wind up

Why would it be? Motorists send claims to highway authorities when their vehicles are damaged by roads left in disrepair. Cyclists are doormats willing to laugh at any cyclist who tries to apply similar standards. That's part of why serious carriageway defects get repaired within hours and a hole a foot wide and three feet deep in a cycleway takes five months to fix.

All credit to Wyn for trying but the law is probably not on his side yet.

 

[Jody]

Why would it be? Motorists send claims to highway authorities when their vehicles are damaged by roads left in disrepair.

Because generally a pot hole damaging an alloy wheel is more expensive to sort. Or a damaged carriage way leading to him falling off when cycling.

I find it amusing that someone would go to such length over a £3 tube and a puncture. It's worth neither the time or hassle to chase.

 

[Wyn Davies]

Tell me this is a wind up

Pleased that find it funny have a nice day.

 

[mjr]

Because generally a pot hole damaging an alloy wheel is more expensive to sort. Or a damaged carriage way leading to him falling off when cycling.

I find it amusing that someone would go to such length over a £3 tube and a puncture. It's worth neither the time or hassle to chase.

So it's OK for cycle routes to be in disrepair and cyclists to suffer the losses because bicycle parts are cheaper than car parts? Riiiight.

 

[Jody]

So it's OK for cycle routes to be in disrepair and cyclists to suffer the losses because bicycle parts are cheaper than car parts? Riiiight.

The cycle path isn't in disrepair though is it? Someone has cut their hedge and the OP suffered a thorn in his tyre. Slight difference no?

 

[mjr]

The cycle path isn't in disrepair though is it? Someone has cut their hedge and the OP suffered a thorn in his tyre. Slight difference no?

Littered with sharps is in disrepair. Do you really think that's in good condition?

Highway authorities are responsible for keeping highways clear and that includes idiot landowners dumping clippings on it instead of clearing them up for safe disposal.