Lack of success Kent County Council (claim Nov 2010).

by JPJennings

02 Apr 2011

As I said in my original request for advice, I expect I have the same problem as many others, the refusal of Kent County Council to pay a claim for a damaged trye on a pothole. The one I hit was 100mm deep which, I gather is in the dangerous category, and 900mm by 600mm. Kent Council has admitted they noted it for Urgent - 3 Working Day repair, but had not actually repaired it more than a week later. (Posted Nov 2010).

Potholes.co.uk Expert posted Feb 2011
Your argument needs to focus on why it took a week to repair the pothole. You need to ask Kent CC what its policy is and see if this compares to the national code. If it does not, ask why. If it does, ask why it did not adhere to its own policy.

I posted : 24/02/11
Thank you, PotholesExpert. I now have the FOI information, which suggests they should have done this one (> 50mm deep) in three working days (WD) but they obviously didn't. Now I have to compose a carefully worded reply to their letter of refusal to accept liability under the 1980 Act. (Feb 2011).

Well the latest is that they are now declining to reply to my letters, so I will keep trying but I suppose there is little more I can do unless I try via a solicitor. Rather unfortunately, the damage to my tyre (cost £94) was done whilst I was driving on voluntary (ie unpaid) charitable duty, and my wife has also now lost another tyre on a pothole also whilst driving on another voluntary charitable duty, so I think I have decided I cannot afford to do any such voluntary work in future.

Peter Jennings, New Ash Green, Kent. (April 2011).