Gloucestershire County Council spent more than £2,100 in legal fees over a period of 15 months disputing a £190 compensation claim for damage caused by a pothole in Cirencester. The case involved Victoria Broadbent, who suffered a blown tyre on her vehicle in May 2023 after hitting the pothole. Although the council initially refused the claim, the matter was settled just two days before it was due to be heard in a small claims court.

The initial refusal by the council was based on Section 58 of the Highways Act, which allows local authorities to avoid liability for pothole-related damage if they can demonstrate that the road was regularly inspected and maintained, and that they did not know of a defect requiring repair. However, evidence submitted by the Broadbents indicated that the council had been aware of the pothole but had not acted promptly. A site history report revealed a prior incident involving a different driver three weeks before Victoria Broadbent’s tyre was damaged; the council had marked the pothole for repair the next working day, but compensation for that earlier claim was also denied.

Over the course of the dispute, Richard Broadbent engaged in numerous communications with the council’s legal team and participated in a meeting involving a judge and council lawyers. Two days before the case was due to proceed in court, the council offered to cover the full cost of the tyre replacement and court expenses without admitting liability.

Richard Broadbent criticized the council for incurring excessive legal costs to contest a relatively small claim, questioning the local authority’s commitment to public service. He noted the council’s low rate of claim payouts compared to other authorities, suggesting the aggressive defense tactics contribute to the poor compensation record.

Data indicates that potholes remain a persistent issue for motorists, with councils responsible for repairs and compensation when vehicles are damaged. Yet, only 24 percent of such claims across England result in payments. Gloucestershire County Council has received 2,539 claims over the past five years but compensated just 3.15 percent of them.

Commenting on broader patterns, Scott Dixon of the Complaints Resolver website said local authorities frequently resist claims to discourage others from pursuing compensation. He noted that funds are often prioritized for legal defense rather than road maintenance or pothole repair.

Simon Williams of the RAC observed that Section 58 of the Highways Act is commonly invoked to deny compensation and criticized the council’s approach in the Broadbent case as financially inefficient. He added that the costs associated with defending claims often exceed those of reimbursing drivers, while payouts generally do not cover the full cost of repairs.

Public satisfaction with road conditions in Gloucestershire remains low, with a recent survey by the National Highways and Transport Network showing only 21 percent of respondents expressing satisfaction—below the national average of 26 percent.

Gloucestershire County Council was contacted for comment on the matter.