Aylesbury resident criticises council legislation after being denied pothole compensation claim

An Aylesbury resident has claimed to have uncovered the strategy used by Bucks Council to process pothole compensation claims, after his appeal was declined.

Aylesbury resident Barry Donaghue believes his compensation claim after slashing a wheel on North Farm Lane in Grendon Underwood was declined as it had already been reported on FixMyStreet.

Under Section 41 of the Highways Act 1980 the presence of a pothole, edge deterioration or other defect does not automatically make the highway authority liable for any damage sustained.

And under Section 58 of the same act a highway authority has a complete defence if it can prove that a reasonable system of inspection and repair exists.

Barry’s claim failed under these two clauses as the road was inspected four months before it wrecked his tyre and there was no evidence of a faulty surface then.

Also, within 28 days of his tyre getting punctured another resident had reported the fault on the council’s Fix My Street service.

Barry said: “So, the moral of the story is, if you hit a pothole, make sure you are the first one.”

He contacted The Bucks Herald after reading about another pothole compensation claim made in Aylesbury Vale.

One resident challenged the council after his tyre burst on the A413 in Padbury where over a dozen issues with the surface had been reported to the council in recent months.

One area of frustration Barry raised with this newspaper, was the waiting period of 12 weeks for a compensation claim. He believes the two criteria that his claim failed on, are consistently used council officials and therefore “no one should have to wait 12 weeks”.

Bucks Council does not comment on individual cases.

After his compensation claim for £84 was refused, Barry appealed as he believed the local authority had a duty of care to signal the faulty surface to other motorists.

Bucks Council states it was a Category 2M fault which did not require a temporary fix.

He added: “I just cannot comprehend how a local council, whom we diligently pay our taxes to, would knowingly let their own citizens be at the mercy of these road defects and above all expect them to grin and bear it.”

Councillor Steven Broadbent said: “Whilst we cannot comment on individual cases, all vehicle damage claims are investigated on an individual basis. We look at the facts and information provided by the claimant and assess liability on behalf of the council in accordance with our duties under the Highways Act and ensuring compliance with our Safety Inspection Policy. Any refusal of a claim or settlement will be based on these policies.

“In addition, we have a formal appeal process where extra information can be provided, and the claim will be fully reviewed by an alternative member of our Claims Handling Team. We recommend that any claimant who believes they have additional information to substantiate their claim send these details to [email protected]."