Express & Star

'Ridiculous' rule leaves driver out of pocket after pothole wrecks tyre

A Staffordshire resident has hit out at the 'grossly unfair' law, which has seen him lose a claim for hundreds of pounds in compensation after he wrecked his tyre on a pothole.

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Stephen Oldacre, aged 55, of Redfern Drive, Burntwood, tried to claim some £300 in compensation from Staffordshire County Council but his request was denied because the council had recognised the pothole needed fixing – even though they had not repaired it when Mr Oldacre's Ford hit it.

Mr Oldacre thought he would be in line for the compensation to fix his tyre and suspension after the incident on Hanney Hay Road around 6pm on May 22, but was left seething after he received a letter from the county council's lawyers stating: "We consider that our clients have not been negligent in any way, and whilst we sympathise with you we regret we are unable to offer any compensation on behalf of Staffordshire County Council on this occasion."

Speaking to the Express & Star Mr Oldacre said: "It is absolutely ridiculous, grossly unfair.

"It makes me think how many other people have hit that pothole and damaged their car and tried to claim."

Mr Oldacre, a former Express & Star employee who now works at Marks & Spencer in Tamworth, added: "The potholes around Burntwood are horrendous although I have heard a lot of money is being put aside to repair them."

Gallagher Bassett International, the claims expert working for the county council, explained to Mr Oldacre that the council had identified the pothole on May 18, four days before his incident, and marked it up as a priority three, allowing repairs to be made within 28 working days, thus meaning the council did not have to pay out.

County councillor Mark Deaville said: "We repair on average 350 potholes a week, and with nearly 10,000 reports of road defects in the system, it's important that we ensure those posing the greatest risk are repaired as a priority.

"In this case, we acted well within our guidelines for recording and scheduling repairs and, therefore, the claim was unsuccessful."

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