Thank you for copying me into your reply to Chris Barber.
Assuming that the fly-tip was on land for which Amey has responsibility, I have to say that I find what you have written and unacceptable of questionable legality.
I have been assured on a number of times in the past that the footpath area behind the Derby Drive properties is subject to monitoring by Amey personnel on a regular basis. I am not certain what 'regular' means in respect to this location, but given that the fly-tip had lain there since May 5th I would have assumed that one of your teams would have visited the area at least once between that date and the date of the fire.
Are you actually saying that Amey is not responsible for any consequential accident, damage, injury etc resulting from a fly tip on land/highways/footpaths for which you have a contractual duty to keep clear unless a member of the public has, unpaid, undertaken Amey's work for them?
Through this email I suggest to Chris Barber that she seeks legal advice on the matter.
Councillor John Shearman
Park Ward Labour Team
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