Claims for repair to vehicles from road defects on A77: EIR release

FOI reference: FOI/18/02828  
Date received: 7 October 2018  
Date responded: 25 October 2018

 

 

Information about the A77 trunk road from Ayr to Stranraer under the Freedom of Information Act 2000. 

1. Please provide information which shows how many claims for repair to vehicles arising from potholes and road defects have been received by Scotland Transerv since the start of the contract period. 

2. How many of these claims have been accepted for liability by Scotland Transerv South West. 

3. How many of these claims have been fully settled. 

4. How many claims remain unresolved by claimants.

 

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations.  We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. 

 

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

1. I have numbered our response for ease of reference; 1. Since the start of the contract period, there has been 165 claims for repair to vehicles arising from potholes and road defects received by Scotland Transerv.
2.  Claims paid are on a ‘without prejudice’ basis.
3. A total of 10 claims have been settled and 148 have been repudiated.
4. There are 7 outstanding cases which are currently being processed.

 

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses