Driver's disgust as council refuses to pay out over Kettering pothole which wrecked tyre

A motorist who was left counting the cost when a Kettering pothole wrecked his tyre branded the rejection of his compensation claim ‘disgusting’.

Roger Emeney had to fork out £150 because of the damage caused by a crater where the A43 meets Rockingham Road.

But when he made a claim against North Northamptonshire Council he was told they wouldn’t pay out because the defect wasn’t ‘apparent or actionable’ in an inspection the previous month. Workers later mended parts of the pothole-pocked road in January

The 74-year-old said: "I think it’s quite disgusting and it’s just a bit of bluster. It’s a get out for them.

"Have they got photographic proof that it was safe when they inspected?”

The incident took place at about 4.30pm on November 6 when Roger was driving his Mercedes from the direction of Corby towards Kettering.

He went around the roundabout, travelling towards the A14, when he hit the pothole and heard a thud.

Retired Roger, who lives in Desborough, said: "I thought ‘bloody hell what was that?’

"About 10 to 15 yards later my tyre pressure system showed I was losing pressure in the front tyre. I turned around and managed to get home before it completely deflated.

"The tyre was ripped on the inside. I was not happy and I was even more unhappy when the tyre fitter came round and said a new tyre would be £150.”

He later phone the council and and submitted a claim for compensation. The former local government worker was hopeful he’d be refunded.

Councils have a duty to regularly inspect highways and repair hazardous defects. There must be evidence that they have failed in their duty for compensation to be considered and they have a statutory defence if they can show they took reasonable steps to ensure the carriageway’s safety.

Their letter to Roger said the road was inspected on October 25 and that the defect was ‘not apparent or actionable, at that time’. They said they had not received any prior reports of a defect at the site until December 11 and that they raised a works ticket three days later.

Roger said appealing the decision would be ‘pointless’ – and hit out at the condition of Northamptonshire’s roads.

He said: “You can’t drive in a straight line without having to try and weave left and right to avoid the potholes.

"I’m just fed up with the state of the roads. It’s crazy.”

A North Northamptonshire Council spokesman said: “We inspect the roads and footways all year round but also ask that people use our Street Doctor service to report any defects. If defects meet our intervention levels they will be repaired as part of our programme.

“When using the Street Doctor service we ask that they provide as much detail as possible to include an exact location.

“The council has no influence over whether a motorist makes a claim or not. However legislation provides the council with a statutory defence against claims where it can establish that reasonable care has been taken to ensure that the part of the highway to which the action relates was not dangerous to traffic.”