Single Traffic Incident ... No Car, just me on my bike.

[gaz]

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[Cowsham]

Best of luck Bartle -- let us know how it pans out.

[bartlebobton]

Here's one answer for you.

"Footways and cycle paths are inspected annually as part of a detailed, walked inspection of the entire network that starts each April"
Most trees and wild plants are just coming out of their dormant state, so are they projecting what it's going to look like in June/July/August... they can't. Using FOI I can ask for a copy of the last detailed walk.

Here's half an answer, it doesn't carry much weight;
A driven inspection of the main A12 carriageway is completed each week. Obvious defects and other problems with footways and cycle paths that can be identified as part of these driven inspections will be recorded alongside any defect recorded for the carriageway and will then be corrected. However, any defect recorded is currently associated with the main carriageway and not identified separately as being related to the footway or cycle path in our repair database.

So each week the cycle path is inspected from a driven inspection. Well, from the trash I've seen, little, or nothing is done. So, what's the scenario ? the Inspector is sitting in the passenger seat, with the window open, craning his/her neck to see the pathway, he can't see the footpath wholly from the carriage way. At what speed is the car/van travelling at... 60...50....40...30...20mph. If it was 20, 30 or 40mph they'd just create a tailback, for miles and miles, they wouldn't want to do that, I'm sure. So what's an acceptable speed to make an assesment of the cycle pathway ? To put it bluntly, they can't see the topography of the area in or around the footpath from a car or van, there can only be the thinest of inspections. The word inspection is nothing more than a weasel word. The definition of inspection is the act of looking at something carefully !
So, how is anyone supposed to differentiate between defects to the main carriageway and defects of the cyclepath when it's not identified in their db ? Any half decent db design should categorise with specifics such as "attributes".... So a category could be Road and Pathway Repairs, the attributes would be Pathways and Carriageways, each with their own db ID... that's it in simplistic term.

I wouldn't be surprised if there is only one person in a car/van making an "inspection" of both road and pathway. - Another question using FOI perhaps.

I think I've learn quite a bit from their answers. I would never have guessed that's how these "inspections" are carried out and I don't think anyone else has, it's more information and helps build a picture, the bigger the picture the better the understanding of their practices.

I can still ask the questions you suggest, for now, I'll wait, but they won't get lost.

BB

[Cowsham]

The key words are
"Obvious defects and other problems with footways and cycle paths that can be identified as part of these driven inspections"

That's the get out clause -- so basically it's got to be something very obvious from a driven inspection eg a fallen tree maybe encroaching on the roadway but even that won't be recorded as a defect with the cycle path but will be recorded on the main roadway database.

In essence the cycle path is only checked annually.

[bartlebobton]

Got it, thanks for summing that one up so easily, a better effort than me rambling on.... The weekly spin, really is, not much more, than a token gesture...
BB

[bartlebobton]

The long gravel road.

Almost 2 years after my accident I managed to achieve an agreement with the Barrister from NH, this came on the date of the hearing.
At the court, the only time there was interaction between myself and the Judge was to ask for more time, as Barrister and myself were trying to reach an agreement. That seemed to be looked upon favourably by the Judge.

Getting to the end point wasn't straight forward, the unwritten rule appeared to be, legally we will deter you from getting your case heard.

The root >> NatH, review claim, should take 90 days, actually is was around 130 days. Repeated requests were made for me to submit X, Y and Z....for example they claimed no record of the crash location/co-ordinates. During the 90 day wait, with nothing to do, I sent in a FOI request to ask for copies of all information they held on me, ie .emails, images, phone recordings, db entries and so on... Using FOI leaves you in a stronger position....ie less running about.

When you've finished dealing with Nat Highways, you are then pushed over to a Government Legal Solicitor, again more delays, an example; I was dealing with one solicitor, mysteriously this person disappeared and another Solicitor took over two months after my last conversation with the first solicitor. It very much seemed to be an exercise in kicking the can down the road.

I'll add more, next week. If anyone has a question(s) .... ask away.

[irc]

Well done for your persistence. Is this a small claims heating stage you are at?

Hopefully, as any costs incurred by the other side like barristers fees are not recoverable.

Anyway thanks for the update and let us know how it goes from here.

[bartlebobton]

Hello....

I applied via a "Small Claim"... That cap on a "Small Claim" payout is £10,000 ... Note; typically costs will not be awarded against you.

If you make a claim because you are seeking a payout > £10,000 then you can make a claim via "Fast Track" (it's not fast) .... Typically, this happens if you are unfortunate enough to have had a serious accident. On the flip side, costs can be awarded against you, so beware.
The upper limit of an award made via "Fast Track" is around £25,000 .... I can't remember the exact figure is.

Also, prior to the Judge making any decision on the type of hearing, the defence may want the hearing to be "Fast Track" when it obviously isn't. This is a scare tactic by the defence, you'll find the word "costs" thrown about. As I said, the defence council do not decide what your hearing will be.....

Also, a Judge may decide on a preliminary hearing, this can happen for any number of reasons, lost papers (it happens), clarity needed on the claim, one party wants the hearing should be Fast Track, the other Small Claim. At this juncture, on the day of the hearing you may be able to negotiate with the defence barrister and come to an agreement.

Hope that is clear....

[bartlebobton]

I settled with the Barrister... outside the court.
I only saw the Judge twice, once to get more time with barrister to see if we could come to an agreement, the second time was to agree on the type of agreement/payment ....

[irc]

So while you may not be allowed to discloxe the size of payment was it satisfactory and are you also happy that their delay and obstruction will have cost the other side a substantial amount in legal costs?

[bartlebobton]

Umm... That's a good question. The payment was ok .... but I think it was an opportunity lost for Nat Highways. I had a semi/grand idea I had hoped to present, but didn't get the chance. I'm unsure how a judge would look upon my idea or let me babble on about it.

The frequency of Nat Highways cutting back their foilage is wholly inapporiate, they only cut plants back, once per year in April when most plants are in their infancy, ie cow parsley, hogweed and so on ...they are annuals and prolific seeders, cutting them back has little or no effect to their growth. They have much chitchat about biodiversiy, but a lot of the plants growing along the cycle path are agressive, supressing smaller plants. My idea was to dig up a length/strip of the grass/plant verge and replant it properly with wild flowers, it'd probably take @ 2 years before getting any real results, but it would be a good marketing exercise for Nat Highways...it's an "ohh look what were're doing idea" it would prevent the larger plants from growing across the pathways and creating pinch points.... The costs wouldn't necessary be much, as they could probably get sponsered by a local company, or the RHS, who have a centre not far away.... The overheads wouldn't be huge ...

Overall Nat Highways are a shambles, so I doubt it would have got very far.

[bartlebobton]

The the process is;
- Wait 90 days max (mine as (130) before a reply.
- Nat Highway make a decision - it's my fault, having played and repeated the same mantra.
- I then submit my claim via Small Claim
- I then notify Government Solicitors of the claim
- Government Solicitors then delay everything for as long as possible (all legal) - Essentially they try to put you off.

My top tip, while waiting on the 90 days and decision from Nat Highways, use FOI and request all emails, images, voice recordings and so on,,, Then you know exactly (more or less) what information they have. A delay tactic of theirs is to say we haven't got this...we haven't got that.... but you know they have, having used FOI... they will still wriggle... but all you have to do is repeat the same message... I have a copy of XYZ...you seemed to have lost it, that then can become a Data Management issue...They are responsible for your data.

[irc]

Interesting they eventually caved in. Possibly not wanting a precedent that cuttung back shrubs once a year in April was negligent.

Congrats for perservering.

[fastpedaller]

They are only driven by money and have no integrity. Frustratingly this is yet another example of how they ARE ALLOWED to obfuscate in order to wear down the claimant . It didn't end up with you being jailed like the PO subpostmasters, but is yet another example of how the Legal System favours the rich and powerful. I don't expect you to reveal how much compensation you received, but I'd be interested if they were able to prevent you revealing it - The concept of No-Disclosure Agreement clearly indicates the defendant has something to hide.

[Lance Dopestrong]

but do the police have the authority to instruct a Highways Dept to look at the pathway; surfaces, obstructions, the narrowing of the pathway by the crash barrier, or is this all the soul responsibility of the local Highways Dept. Do the police have the clout ?

No, no and no, i'm afraid.