Driver wins road damage cash

Retired car dealer Jim Campbell would not take no for an answer after bumping his Mercedes on traffic calming measures that were not signposted.

Now former UK consumer minister Nigel Griffiths, the MP for Edinburgh South, is urging others to follow Mr Campbell's example after he won a 700 payout.

Mr Griffiths said growing numbers of people were complaining about being refused compensation after damaging their cars on the city's streets.

Mr Campbell was driving his Mercedes S-Class when he hit the kerb that had been extended into the road at Liberton Gardens as a traffic calming measure.

Despite witnesses, photographic evidence and a report by an independent civil engineer backing his claim, the council refused to pay for the 170 damage to the 72-year-old's tyre and steering.

Mr Campbell, who has held an advanced motoring qualification for more than 40 years, took his fight to the small claims court.

There, council lawyers eventually settled for 700 just before the case was to be heard.

Mr Griffiths, who has supported Mr Campbell during his two-year fight, said the case should be a "wake-up call" for the local authority.

Council chiefs said they used an independent insurance company to deal with claims to ensure they were dealt with fairly.

Mr Campbell, who owned Peugeot and Nissan car franchises in Fauldhouse, West Lothian, before retiring 12 years ago, said he was determined to see the claim through to the end.

He said: "I am glad I saw this through, as it just felt like common sense wasn't being applied.

"I was driving down in the line of traffic and there was a lorry in front of me. I heard the noise and I thought it was possibly a brick.

"Two or three days later, I went past the same spot and saw it was this indent they were building that had no signs or warnings.

"I parked and spoke to a resident, who said I had been about the third person to hit it. I took photographs and got an independent report from an engineer.

"Nigel got involved and they offered me 100, but I wanted the 170. It was a point of principle.

"As I was sitting waiting for the case to be heard, I was offered 700, which covered the independent report as well. I took it."

Mr Campbell, who lives in Blackford Road, added: "The council was clearly at fault but they thought if they just kept denying it then I would go away.

"I am annoyed at the money being wasted. They should be asking serious questions of the firm they have assessing these claims."

The council receives around 900 insurance claims a year but in the past four years only 13 of those have been for problems with carriageway roadworks. It was unable to say how many of the claims related to road conditions.

Mr Griffiths said: "I am delighted for Mr Campbell. This should be a wake-up call for the council to treat these complaints more seriously and give taxpayers a fair deal. All too often these claims are dismissed out of hand without any serious consideration.

"This will have cost the council at least 1000 in fees and compensation, whereas settling would have been just 170. I have had a number of complaints like this.

"This should send a strong message out to the public that they can take on the council and win.

"It doesn't need to cost the earth in legal fees. Mr Campbell went through the small claims court."

Jim Inch, the council's director of corporate services, said: "The council does not comment on individual cases. We appoint an independent company to deal with claims to ensure, as far as possible, that all claimants are dealt with equally."