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brakes should have been checked on the service it had 8 months before hand
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Correct me if I'm wrong. This dust cart / trash truck should be classed as a HGV and as such is subject to 6 weekly maintenance/service checks as part of the vehicles classification. These 6 wkly checks are on top of/in addition to a yearly service/VOSA Certified MOT inspection.
As STEED says, fight them on the grounds that the vehicle was not maintained correctly. Just make sure that inspection documents have not been falsefied by the council's maintence dept after the accident (this does happen). The member of your company/council who holds the Transport Certificate is ultimatley responsible for the upkeep of all vehicles. He should be in court not you.