Couple win four year court battle against Darlington Borough Council after rising bollard destroyed their car

4:34pm Friday 1st February 2013 in News Photograph of the Author By Vicki Henderson, Darlington reporter

Claire Savidge shortly after the bollard destroyed her car Claire Savidge shortly after the bollard destroyed her car

A COUPLE whose car was destroyed by a rising bollard have won a four year court battle against a council for compensation after the authority's own CCTV evidence proved it had malfunctioned.

Claire and Ashley Savidge have accused Darlington Borough Council of arrogance in refusing to accept that the automatic bollard had activated before it was supposed to, forcing them to pursue their claim through the courts.

Mrs Savidge, now 34, needed hospital treatment after the BMW M3 she was driving was hit from underneath by the rising bollard in Duke Street, on the edge of Darlington’s pedestrian zone in November 2008.

The sports car - worth £20,000 - was later written off by Mr Savidge’s insurers after the bollard destroyed the engine.

A judge sitting at Middlesbrough County Court found in the Savidges’ favour after CCTV images submitted by the council proved Mrs Savidge’s evidence that the bollard rose at 9.55am, not at 10am when it was meant to rise as the council claimed.

The couple have been awarded compensation and costs but are waiting for a copy of the judge’s findings for the exact amounts.

Darlington Borough Council said it is waiting for a copy of the judgement to read through the details of the finding, but that it had insurance in place to pay for court related costs.

Mr and Mrs Savidge, of Darlington, said they feel vindicated by the judgement and called on Darlington Borough Council to remove the rising bollard, which is still in place, or improve its safety.

Mother-of-two Mrs Savidge said: “I’m pleased that we’ve be successful and that we’ve won but I’m angry with the council for having something in place that’s so dangerous.

“It’s not safe and they need to do something about it. The council claimed that the warning lights were flashing but the light is a couple of inches across and is to the side of the bollard.

“If you are going to put a warning light on something it should be in front of the driver like a level crossing – you shouldn’t have to turn your head away from the road.”

Mr Savidge, 40, said the court case had taken so long because the council had refused to accept any blame for the incident and had insisted that the bollard had risen at 10am as it was supposed to.

He said: “The council dug its heels in and said was Claire’s fault, that’s why they’ve gone to court. They honestly thought they were going to win. They gave evidence that the car went through the bollard at 10am but their CCTV evidence proved us right.

“If they hadn’t used the CCTV stills with the time showing before 10am then it would have been harder for us to prove our case. “ In a statement, Darlington Borough Council said: “The court found in favour of Mrs Savidge.

"We are currently awaiting sight of the Court report from our insurers, who defended the case on our behalf, to read through the details of the case and the finding. We do have insurance in place to cover such court related costs.”

More Darlington Borough Council News

Comments(36)

Homshaw1 says...
6:17pm Fri 1 Feb 13

How difficult can it be to fit a sensor to stop this happening?

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freelance says...
6:49pm Fri 1 Feb 13

Well done Mr and Mrs Savage...........

It was typical of Darlington Borough Council to be arrogant - that is the culture in that authority.

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John Justice says...
6:58pm Fri 1 Feb 13

I just cannot understand the intelligence of who ever was running this in the Council. They knew that their own CCTV recorded the incident and that the time is also recorded. Even the most junior of probationary Police Officers would look at the CCTV evidence and note the recorded time. The case should have been settled by the council there and then due to the time issue
discrepency but this seems to have been beyond the thought process of some council officer.

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Darloresident says...
8:56pm Fri 1 Feb 13

Well.. yet another waste of council tax payers money.
People of Darlington wake up and realise that this inept incompetent council are so awash with our contributions that they think its ok to contest a case they were bound to lose.
So for the councils solicitors - here is a tip:
If the bollard is due to rise at 10:00am and some person employed by the council decides to raise it at 9:55 which causes an innocent person to have damage to her car..then admit your mistake and pay up!!

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tomtopper says...
10:24pm Fri 1 Feb 13

As if maiming people and destroying vehicles is an acceptable punishment for a minor traffic infringement.. These bollards are a disgrace..

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Quaker79 says...
10:51pm Fri 1 Feb 13

How much has this 4-year court case cost? A court case that wouldn't have been necessary if the council had simply admitted liability in the first place.

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judygone says...
10:31am Sat 2 Feb 13

It annoys me so much that the people of darlington dont vote all of this incompetent council out. Its the same ones get voted in every time and they take their positions for granted.

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mark.wilkinson says...
11:08am Sat 2 Feb 13

Just goes to show that even when faced with the overwhelming evidence against them and the truth, which is impossible to hide from, our wonderful council still have the arrogance to fight this all the way.

Shame on them for wasting yet more of my money. You deserve to be sacked for gross misconduct.

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Lifetime Townie says...
12:09pm Sat 2 Feb 13

Another absolute waste of our council tax when an inept legal dept defending their position can provide conclusive evidence for the plaintiff. How is it that these people still work for us, the residents????

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loan_star says...
12:52pm Sat 2 Feb 13

judygone wrote:
It annoys me so much that the people of darlington dont vote all of this incompetent council out. Its the same ones get voted in every time and they take their positions for granted.
Its because people vote for parties and not people. They can be the most incompetent people in the world but if they wear a rosette of a certain colour on polling day they get votes from the people who cant see past the rosette.

And before anyone says I am showing an anti labour bias, the same applies for all sides. The fact of the matter is that Labour have presided over several fiascos in Darlington over the last couple of decades but they still remain in control. Its about time some cages were rattled.

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greenfinger says...
1:06pm Sat 2 Feb 13

someone should lose their job for this. maybe then they'd learn a lesson. losing a nice easy job and big pension. it's a total disgrace and i hope they get the person who insisted on it going to court through a freedom of information request.

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freelance says...
1:22pm Sat 2 Feb 13

Any resident of Darlington Borough as a Council Tax payer could justifiably make a complaint to the Local Government Ombudsman on this matter.

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Lifetime Townie says...
2:31pm Sat 2 Feb 13

freelance wrote:
Any resident of Darlington Borough as a Council Tax payer could justifiably make a complaint to the Local Government Ombudsman on this matter.
I think that the LGO would wriggle out of any complaint on this subject as it affects all of the residents and not just one individual. The other problem could be that many of the LGOs are ex council chiefs, so they may "look after their own"

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John H Waiting says...
3:40pm Sat 2 Feb 13

Savidge 1 Darlington B. C. NIL.

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oliviaden6 says...
5:34pm Sat 2 Feb 13

Arrogant and worst of all the borough believe they are untouchable. Another win for the underdog Well Done

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Alan Macnab says...
6:28pm Sat 2 Feb 13

I have asked Darlington Borough Council for the following information as a Councillor:

1. When the accident occurred how soon afterwards was CCTV footage of the area reviewed by Council officers?

2. What did the CCTV reveal ie. what time did it show the bollard rising and the accident occurring?

3. If the accident showed, as it has been reported in the press, that the bollard malfunctioned and rose and the accident occurred at 9.55 am why did the Council not admit this immediately and settle the claim?

4. Why has it taken over four years to admit that a mistake was made and to settle the claim?

5. How much will this claim cost the Council and how much will be paid by the Council's insurers?

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mark.wilkinson says...
6:57pm Sat 2 Feb 13

Alan Macnab wrote:
I have asked Darlington Borough Council for the following information as a Councillor:

1. When the accident occurred how soon afterwards was CCTV footage of the area reviewed by Council officers?

2. What did the CCTV reveal ie. what time did it show the bollard rising and the accident occurring?

3. If the accident showed, as it has been reported in the press, that the bollard malfunctioned and rose and the accident occurred at 9.55 am why did the Council not admit this immediately and settle the claim?

4. Why has it taken over four years to admit that a mistake was made and to settle the claim?

5. How much will this claim cost the Council and how much will be paid by the Council's insurers?
And you seriously expect honest answers to your questions?

This corrupt council will never give you the truth. They couldn't even be honest in court.

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Robert_ says...
7:40pm Sat 2 Feb 13

Homshaw1 wrote:
How difficult can it be to fit a sensor to stop this happening?
Not sure what you mean? If someone tries to gain access during the prohibited time then they should get their car smashed and not complain. This isn't about that, its about the council not having the ability to set the clock.

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Robert_ says...
7:43pm Sat 2 Feb 13

I LOVE the fact that the council's own evidence found them guilty. Would have been a lot cheaper to replace the car at the time.

Some underling will probably get a written warning now while the management will get off.

I speak as a civil servant myself....

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Lifetime Townie says...
7:46pm Sat 2 Feb 13

Alan Macnab wrote:
I have asked Darlington Borough Council for the following information as a Councillor:

1. When the accident occurred how soon afterwards was CCTV footage of the area reviewed by Council officers?

2. What did the CCTV reveal ie. what time did it show the bollard rising and the accident occurring?

3. If the accident showed, as it has been reported in the press, that the bollard malfunctioned and rose and the accident occurred at 9.55 am why did the Council not admit this immediately and settle the claim?

4. Why has it taken over four years to admit that a mistake was made and to settle the claim?

5. How much will this claim cost the Council and how much will be paid by the Council's insurers?
Alan, You might add this comment to your list of questions.

Why didn't the safety interlock work that would have prevented the bollard from rising if there was a vehicle above it?
Could this be a HSE matter?

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Alan Macnab says...
7:52pm Sat 2 Feb 13

Mark and Lifetime Townie Thank you.

I will receive a reply. I will ask that additional question as well.

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John Justice says...
8:36pm Sat 2 Feb 13

Good for Councillor Macnab. I hope he shares his findings with us all. Having seen the Councils bland apology free comment on the result I do not hold out much hope for a full and frank disclosure for the reasons the Council and their insurers continued with this futile case. As a Darlingtonian I can only apologise to Mr and Mrs Savidge for the ordeal Darlington Council put them through.

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Sean G says...
10:16pm Sat 2 Feb 13

The Department at Darlington Council that is in charge of all traffic/parking related issues are nothing but arrogant buffoons.
Having been on the recieving end of one of their dictatorial decisions in 2008 I vowed never to use one of their car parks again. I have now deprived them of about £300 in car parking charges and the cost to me has been an extra 5 minute walk into town from where I now park.
More people should do this and maybe they may take notice of the shabby way they treat peole who come into the town to spend money.

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tomtopper says...
1:27am Sun 3 Feb 13

Robert_ wrote:
Homshaw1 wrote:
How difficult can it be to fit a sensor to stop this happening?
Not sure what you mean? If someone tries to gain access during the prohibited time then they should get their car smashed and not complain. This isn't about that, its about the council not having the ability to set the clock.
So maiming people and destroying their vehicles is an acceptable punishment for a minor traffic infringement..? No control system should damage a vehicle, especially if there's any possibility of a petrol tank spike.. Stupid, totalitarian and dangerous..

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Lifetime Townie says...
9:23am Sun 3 Feb 13

The aftermath of a petrol tank being punctured due to a bollard rising inadvertently could be a catastrophic event especially when the vehicle would certainly hold the driver and maybe passengers The prevention of it happening should be a basic consideration in safety.

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the-big-yin says...
2:58pm Sun 3 Feb 13

Alan Macnab wrote:
Mark and Lifetime Townie Thank you.

I will receive a reply. I will ask that additional question as well.
its about time we see a councilor on here with a lot of common sense...do you fancy coming to sort out durham county council.....

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Alan Macnab says...
8:36pm Sun 3 Feb 13

Thanks Big Yin but I have enough on down here.

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giggitty says...
10:55am Mon 4 Feb 13

Darloresident wrote:
Well.. yet another waste of council tax payers money. People of Darlington wake up and realise that this inept incompetent council are so awash with our contributions that they think its ok to contest a case they were bound to lose. So for the councils solicitors - here is a tip: If the bollard is due to rise at 10:00am and some person employed by the council decides to raise it at 9:55 which causes an innocent person to have damage to her car..then admit your mistake and pay up!!
If the case is as the Northern Echo report then I’d agree with you, it would be inept to go to court if the video says 9:55. (Inept of the insurers - they are the ones who decide if it’s worth going to court, not the council - just like any other large corporation / company). I work in the insurabnce sector and I just don’t believe it.

There has to be more to this, and I’d wager that once again its inept and lazy Northern Echo reporting - they are incompetent beyond redemption.

So come on Macnab, it’ll be interesting to see what you find out.

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Spy Boy says...
1:31pm Mon 4 Feb 13

judygone wrote:
It annoys me so much that the people of darlington dont vote all of this incompetent council out. Its the same ones get voted in every time and they take their positions for granted.
Of course they get voted in. They have taken on the mantle of being Labour candidates. If you want to get elected as a councillor in areas of Darlington you get yourself into the Labour party. A friend of mine was told that when he was looking into taking on a job in council. If you want to get on in Darlington, you need to join the Labour Party. It's about time that Darlington started raising these issues at open council meetings, especially when they are looking for re-election. They make far too many bad calls and it's costing us money every day. The whole thing is sick. It's democracy Jim, but not as we know it.

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pager11 says...
1:59pm Tue 5 Feb 13

Myself and husband were witness in another incident involving this bollard 4 years ago, exactly the same happened and we gave our evidence to the couples insurers, there may well be another claim against the council. The bollard went straight through the cars sump, the car was nearly new, several witnesses came forward, the council need to get their act together and stop blaming someone else.

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giggitty says...
7:24pm Thu 7 Feb 13

Any reply yet Mr Macnab?

Or is a swift response just to much to ask?

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Spy Boy says...
11:40am Fri 8 Feb 13

giggitty wrote:
Any reply yet Mr Macnab?

Or is a swift response just to much to ask?
A swift response from DBC ? Don't hold your breath. They don't even seem capable of fairness to other councillors. The Lib Dems have been overlooked before as you may have noticed by reading the Echo, or this forum.

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Alan Macnab says...
5:02pm Sat 9 Feb 13

I have had a reply from the Council and it is being passed to the Echo reporter in a few moments.

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giggitty says...
2:51pm Wed 13 Feb 13

Alan Macnab wrote:
I have had a reply from the Council and it is being passed to the Echo reporter in a few moments.
Why can't you comment?

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mark.wilkinson says...
3:19pm Wed 13 Feb 13

Where is this elusive response from our beloved leaders in the council?

We're waiting with baited breath here!

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Lifetime Townie says...
8:31pm Thu 14 Feb 13

Must be a top secret reply from the council or is it some more embarrassment on someone??

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