Pothole Claims Against Conwy County Borough Council

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Pothole Claims Against Conwy County Borough Council

Last updated: 24 April 2026

Conwy County Borough Council is the highway authority responsible for maintaining roads within its jurisdiction in North Wales, covering areas such as Conwy, Llandudno, and Colwyn Bay. If you have sustained damage to your vehicle due to a pothole on one of these roads, it's important to understand your rights under the Highways Act 1980.

Conwy County Borough Council's Duty to Maintain Roads

Under Section 41 of the Highways Act 1980, Conwy County Borough Council has a statutory duty to maintain its highways. This means that the council is legally obligated to ensure roads are in good repair and free from obstructions like potholes. However, if you encounter a pothole causing damage to your vehicle, it’s crucial to take action promptly.

How to Report a Pothole to Conwy County Borough Council

If you come across a dangerous pothole on a road under Conwy County Borough Council's jurisdiction, the first step is to report it. You can do this by visiting their official website at https://www.conwy.gov.uk/en/Resident/Roads-and-Travel/Roads-and-Travel.aspx. Reporting the issue allows the council to address it and prevent further incidents.

Making a Pothole Damage Claim Against Conwy County Borough Council

If you have incurred damage due to a pothole, you can make a claim against Conwy County Borough Council. To build a strong case, gather evidence such as photographs of the pothole at the time of occurrence and any repair quotes from your mechanic or garage. Documenting these details is essential for proving that the damage was caused by the pothole.

Once you have gathered all necessary evidence, you should submit your claim to Conwy County Borough Council with detailed information about the incident, including dates, times, and descriptions of the damage. It’s important to act quickly as there is a three-year time limit under the Limitation Act 1980 for bringing such claims.

What if Conwy County Borough Council Rejects Your Claim?

If your claim is rejected by Conwy County Borough Council, they may rely on Section 58 of the Highways Act 1980 to defend themselves. This section allows the council to argue that they had a reasonable inspection and maintenance regime in place at the time of the incident. To counter this defence, you will need to provide compelling evidence that demonstrates the pothole was not reasonably maintained.

If negotiations with Conwy County Borough Council fail, you may consider taking your case to the county court. However, it is important to note that you do not need a claims management company to handle your claim; you can manage the process independently or seek legal advice if necessary.

Sources and References

Highways Act 1980
Limitation Act 1980
Conwy County Borough Council website: https://www.conwy.gov.uk/en/Resident/Roads-and-Travel/Roads-and-Travel.aspx

Frequently Asked Questions

What is Conwy County Borough Council's responsibility regarding potholes under the Highways Act 1980?

Under Section 41 of the Highways Act 1980, Conwy County Borough Council has a duty to maintain roads in their area. This includes ensuring that potholes are repaired and that the road surface is safe for drivers. If you suffer damage due to a pothole on a road maintained by Conwy County Borough Council, they may be liable.

What evidence should I collect if I want to make a claim for pothole damage against Conwy County Borough Council?

To support your claim for pothole damage against Conwy County Borough Council, you should gather photographic evidence of the pothole at the time it caused damage. Include photos showing its location and size relative to surrounding road markings or other landmarks. obtain estimates from a mechanic detailing the cost of repairs. Documenting when and where the incident occurred can also strengthen your case.

How does Conwy County Borough Council defend against pothole damage claims?

Conwy County Borough Council may use Section 58 of the Highways Act 1980 to argue that they had a reasonable system in place for inspecting and repairing roads. To successfully defend a claim, they must prove that their maintenance practices were adequate and that they conducted regular inspections.

Is it necessary to hire a claims management company to make a pothole damage claim against Conwy County Borough Council?

You do not need a claims management company to submit a pothole damage claim. You can handle the process yourself by gathering evidence, reporting the incident to Conwy County Borough Council, and submitting your claim directly to them or their insurance provider if applicable.

Important: MLJ.org.uk is an independent information resource. We are not a claims management company, solicitor, law firm, or financial adviser. We do not process claims, take fees, or provide advice. Where the law gives you a right to complain or claim directly (to a lender, council, FOS, court, or regulator), you can do so without paying a third party. MLJ.org.uk is operated by Copious Ltd, registered in England and Wales, company number 11437826.