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Deal: Couple renew plea for uneven path to be resurfaced two years after fall

A couple who have spent two years trying to identify the owners of a town centre path are now calling for the authorities to make improvements.

Joan Wright, 82, of Drew Lane, Deal, required an elbow replacement after she tripped on a raised paving slab in the alley between Queen Street and Park Street in July 2016.

Almost two years to the date of the fall, she and husband Edward have finally established who owns the land.

Joan and Edward Wright have spent two years trying to find out who is responsible for an uneven path in Deal (2642826)
Joan and Edward Wright have spent two years trying to find out who is responsible for an uneven path in Deal (2642826)

Porter Property Management, based in Dover, are however not liable because of restrictions over public rights of way.

Now, the couple are urging Dover and Deal MP Charlie Elphicke or Kent County Council (KCC) to step in to ensure the area is made safe with a new even surface.

Mrs Wright told KentOnline: “My life hasn’t been the same since.

“My elbow was shattered. It’s things like putting items away in the cupboard with my left arm that I can’t do.

“I can’t wash my hair very well, I can’t carry extra weight and I can’t sleep on that side.”

Having obtained the management company’s name from Company’s House in 2017, the couple were contacted by an insurance company who advised they should get legal representation.

They then signed up with a ‘no win no fee’ solicitor who investigated the case.

Dozen of letters and emails were exchanged including with KCC’s Paul Carter and MP Charlie Elphicke before they were instructed by Kent law firm Brachers that “the owner of land, over which a public right of way passes, is under no liability for negligent nonfeasance (liability for no action taken) towards members of the public using it”.

The couple feel that they can no longer pursue the issue.

Joan Wright, 82, needed an elbow replacement after the fall in 2016 (2642828)
Joan Wright, 82, needed an elbow replacement after the fall in 2016 (2642828)

Mr Wright said: “We’re disappointed.

“It’s gone on for two years now. We’d like to see it resurfaced, ideally tarmaced but it’s not worth taking it forward now.

“It would cause us too much aggravation and worry.

“After all the work we’ve put in, it would be nice is somebody else would take it up and say that this has got to be done.”

Mrs Wright added: “They’ve got to do something about it. Somebody else could have an accident and it could be worse than mine was.”

Both Mr Elphicke and Kent County Councillor Trevor Bond have responded to the couple’s plea.

Mr Elphicke said: “This path is clearly a danger to the public and needs to be fixed urgently.

“I will be taking this up again with the council and the landowner.”

Kent County Councillor Trevor Bond said: “I am happy to take this case on and ask a few questions to see how we can resolve the situation.”

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