KCC use loophole to dig itself out of big holes

Potholes have turned into loopholes as nearly a third of compensation claims have been rejected by Kent County Council in two years – because road repairs are planned.

The authority is using a legal loophole allowing it to dismiss claims made by motorists whose cars have been damaged by defective roads by showing they are scheduled for repair “within reasonable time.”

New figures reveal of 995 claims in the last two years 342 – just under a third – have been turned down by Kent County Council on these grounds.

They also show the amount of compensation cash paid out has, much like car suspensions, plummeted.

In April 2016-March 2017, drivers were given £20,143 but that fell to £2,346 in 2017-18 to date, a drop of more than 80%.

It comes as a councillor warned KCC had received 8,000 reports of new holes in just one week – one of the highest weekly numbers ever.

From April 2016 to March 2017, the council had 790 claims from motorists for pothole damage, of which 237 of the overall total of 690

rejected were because they happened on roads where repairs were scheduled.

From April 1, 2017 to date, there have been 527 claims of which 105 have been dismissed for the same reason. In total, 305 of the 527 claims were rejected and just 24 were upheld.

The ability of councils to argue they are not liable centres on being able to show they have a system in place for regular inspections and repairs.

Philip Gomm of the RAC Foundation said: “By the strict letter of the law the council might be off the hook, but that’s a world away from saying the underlying problem – pitted and rutted roads – doesn’t exist.r”

Cllr Mike Whiting, KCC’s cabinet member for highways has written to all parish councils promising a “blitz” on potholes in April, with temporary repairs if necessary, but also warning that it was a huge task.

Last week KCC received 8,000 new reports of potholes, one of the highest weekly numbers ever.

It has asked the government for more cash, arguing as the gateway to Europe, we have a huge volume of traffic, not taken into account with funding. It has been claimed a £630 million backlog of repairs has built up, and KCC id due to secure £26.6million from the government.