Grantham motorist angry as council rejects claim for pothole damage to car

Potholes on Sandon Road, Grantham.
Potholes on Sandon Road, Grantham.

A Grantham driver has had his claim for pothole damage to his car rejected by the county council.

The motorist, who does not wish to be named, had to get a wheel replaced after it was damaged when he hit a pothole in Hill Avenue, Grantham, in February. When he contacted the council he was sent a claim form and filled it in. But this week he received a letter from the council to say it was not responsible for the damage to his car.

The driver told the Journal: “I am upset about it. I think I had a good case. I would have thought they were responsible and I am in the right. They should have to compensate anybody who has suffered damage.”

In the letter, Mark Holroyde, Executive Director of Resources and Community Safety, said the council would not accept liability for the incident. Mr Holroyde said: “The council is the Highway Authority and therefore it has a duty to maintain Hill Avenue, Grantham, in a safe condition and will rely on the statutory defence provided by Section 58 of the Highways Act 1980. This part of the Act provides the council with a defence to claims if it can show that it has in place reasonable maintenance policies and inspection systems. The council contends that it has such policies and systems in place.”

Mr Holroyde added: “I am advised that there have been no other reported incidents or complaints regarding the incident location in the period of 12 months prior to your incident.”

After the incident was reported a red cone was placed in the pothole, but a few days later it disappeared. The Journal was told that a week later told the hole “was repaired in a fashion”.

See today’s Journal for our front page report on road users’ demands for action to be taken on Grantham’s potholes.

What do you think of the council’s response? Have you suffered damage as a result of hitting a pothole in Grantham? Leave a comment here, on our Facebook page or contact graham.newton@granthamjournal.co.uk