Pembrokeshire County Council is responsible for maintaining the roads within its jurisdiction in South-west Wales, including the scenic Pembrokeshire coast. Under the Highways Act 1980 section 41, the council has a statutory duty to ensure that highways are kept in good repair and condition, which includes addressing potholes promptly.
Pembrokshire County Council's Duty to Maintain Roads
Section 41 of the Highways Act 1980 imposes a legal obligation on Pembrokeshire County Council to maintain its roads. This means the council must ensure that any defects such as potholes are identified and repaired in a timely manner. If drivers suffer damage due to a defective road, they may have grounds for a claim against the local authority.
How to Report a Pothole to Pembrokeshire County Council
If you encounter a dangerous pothole while driving through Pembrokeshire, it is important to report it immediately. You can do this by visiting the council’s website at . The site provides a straightforward form where you can detail the location and severity of the pothole. Reporting the issue helps the council prioritise repairs and prevent further accidents or damage.
Making a Pothole Damage Claim Against Pembrokeshire County Council
If your vehicle sustains damage due to a pothole, making a claim against Pembrokeshire County Council is possible but requires careful documentation. Here are the steps:
- Photograph the Pothole: Take clear photos of the pothole from multiple angles to provide evidence.
- Report it to the Council: Use their online reporting system as described above.
- Get Repair Quotes: Obtain quotes for the necessary repairs from reputable garages or mechanics.
- Submit a Claim with Evidence: Send your claim along with photographic evidence and repair quotes to Pembrokeshire County Council. Keep copies of all correspondence.
The timeline for making a pothole damage claim is three years from the date of the incident, according to the Limitation Act 1980.
What If Pembrokeshire County Council Rejects Your Claim?
If your claim is rejected by the council, it may use Section 58 of the Highways Act 1980 as a defence. This section allows the authority to avoid liability if they can prove that they had in place a reasonable inspection and maintenance regime.
However, you have options for escalating the matter further:
- Escalate to County Court: If negotiations fail, consider taking your case to the county court.
- You Do Not Need a Claims Management Company: Many drivers mistakenly believe they need a claims management company to handle their pothole damage claim. This is not true; you can manage it yourself or seek legal advice if necessary.
Sources and References
For more information on making a pothole damage claim, refer to the Highways Act 1980 and the Limitation Act 1980. Pembrokeshire County Council’s official website offers guidance on reporting road defects: .