How I won £1,000 versus Kent Highways

by Johnb

20 Apr 2008

My wife hit a pot hole back in September 2006 and the Kent Highway Dept denied all liability. The hole was 6" deep (I measured and photographed it) and about half a metre in diameter. In April 2008 we got to the small claims court in Tunbridge Wells where the judge heard the case. Even our counsel reckoned we had a very slim chance but we won the case - the reason was simple - the County Council brought to the court 2 cases they had recently won over the same pot hole as evidence they were not liable. The judge stated that he was not bound by previous judgements in the County Court and that the cases proved the pot hole must have been a danger to vehicles. The council also revealed they had received a call from a member of the public 5 days before my wife's damage and the call operator had classified the hole "non urgent - 7 day repair" even though the person had described the hole as 6" deep. The judge concluded that the council cannot use the defence that they have a reasonable checking procedure if they do not act on urgent reports by the public. Good luck with your claims and don't lose hope even if the experts say you can't win.