Pothole Claims — Neath Port Talbot County Borough Council

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Pothole Claims — Neath Port Talbot County Borough Council

Last updated: 16 April 2026

Neath Port Talbot County Borough Council is responsible for maintaining the roads within its jurisdiction in South Wales, an area that lies between Swansea and Bridgend. Under Highways Act 1980 section 41, Neath Port Talbot County Borough Council has a statutory duty to ensure that highways are kept in a reasonable state of repair. This legal obligation underscores the council's responsibility for addressing potholes and other road defects promptly.

Neath Port Talbot County Borough Council's Duty to Maintain Roads

Section 41 of the Highways Act 1980 mandates that local authorities, such as Neath Port Talbot County Borough Council, must maintain highways within their area. This includes regularly inspecting roads for potholes and other defects and repairing them in a timely manner to prevent damage to vehicles. The statutory duty ensures that drivers can expect safe driving conditions on the council's roads.

How to Report a Pothole to Neath Port Talbot County Borough Council

If you encounter a pothole, it is important to report it as soon as possible. You can do this by visiting the Neath Port Talbot County Borough Council’s website at https://www.npt.gov.uk/roads-and-travel. Providing detailed information about the location and severity of the pothole helps the council prioritise its repair efforts.

Making a Pothole Damage Claim Against Neath Port Talbot County Borough Council

When making a claim for damage caused by a pothole, it is crucial to gather evidence such as photographs of the affected road and your vehicle. you should obtain repair quotes from authorised mechanics or dealerships to substantiate the cost of repairing any damages sustained.

The time limit for submitting a claim under the Limitation Act 1980 is three years from the date of damage. If Neath Port Talbot County Borough Council does not acknowledge your claim within this period, you may need to escalate it further. you do not need a claims management company; handling the process yourself can save on unnecessary fees and complications.

What if Neath Port Talbot County Borough Council Rejects Your Claim?

If Neath Port Talbot County Borough Council rejects your claim, they might rely on Section 58 of the Highways Act 1980 to defend their actions. This section allows the council to escape liability if it can demonstrate that a reasonable inspection and maintenance regime was in place at the time of the incident. However, this does not exempt you from pursuing further legal action.

If negotiations with the council fail, you may consider taking your case to the county court. Legal representation through a solicitor or barrister can provide guidance on how to proceed with a formal claim. Remember that handling such claims yourself is entirely possible and often more cost-effective than involving a claims management company under a discretionary commission arrangement (DCA).

Sources and references

Neath Port Talbot County Borough Council: https://www.npt.gov.uk/roads-and-travel
Highways Act 1980, Section 41: https://www.legislation.gov.uk/ukpga/Geo5_6/32/sec/41
Limitation Act 1980: https://www.legislation.gov.uk/ukpga/1980/58/contents

Frequently Asked Questions

Who is responsible for repairing potholes in Neath Port Talbot County Borough Council's area?

Neath Port Talbot County Borough Council is responsible for maintaining roads and repairing potholes within its jurisdiction under the Highways Act 1980.

What does the Highways Act 1980 state regarding road maintenance in Neath Port Talbot County Borough Council's area?

Under Section 41 of the Highways Act 1980, Neath Port Talbot County Borough Council has a duty to maintain its roads. This includes repairing potholes and other defects that could cause damage to vehicles or pose safety hazards.

What evidence is needed to make a claim for pothole damage against Neath Port Talbot County Borough Council?

To make a claim, you should gather photographic evidence of the pothole at the time and location where your vehicle was damaged. obtaining repair quotes can provide documentation of the extent of the damage.

How does Neath Port Talbot County Borough Council defend against claims for pothole damage?

Neath Port Talbot County Borough Council may use Section 58 of the Highways Act 1980 to argue that they had a reasonable inspection and repair regime in place. They must prove that they took all necessary steps to maintain the road properly.

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.