Driver's pothole legal action disappoints council

Council bosses said they were disappointed after a pensioner took court action to get potholes filled.

A judge has ordered Hertfordshire County Council to repair roads in Hemel Hempstead and Berkhamsted after Derek Bennett, 68, took legal proceedings.

Bennett, of Bank Mill Lane, Berkhamsted, complained that six roads were in a "dire" state and encouraged others to make similar moves.

But council bosses, who consented to the order, described the issue as "routine maintenance" and said there were simpler ways of letting staff know about potholes.

"We're disappointed that this routine maintenance issue has resulted in legal proceedings being issued," a council spokesman told the BBC.

"We had already repaired three of these roads before this court hearing, and we have already scheduled repair work to the others.

"There are much quicker and simpler ways of letting us know about potholes."

The spokesman encouraged people to report potholes via the council's online system, describing it as the "quickest and most efficient way".

Judge Andrew Johnson made the order at St Albans Crown Court on Thursday after Bennett, a retired construction project manager, took action using section 56 of the 1980 Highways Act.

The judge said the council had not responded to Bennett's application in the "proper manner".

He said the three remaining roads - London Road and Ivy House Lane in Berkhamsted, and Redbourn Road in Hemel - had to be mended within 20 working days.

A barrister representing the council at the hearing agreed to that timetable.

Bennett told the BBC he hoped others fed up with potholes would take the same action.

"The pothole situation in Britain has been described as a national disgrace," he said.

"And rather than complaining on social media, or generally making a noise about it, we would be much better advised to simply submit the application under section 56, which is open and free of charge for anyone to do."

He said applications could be dealt with by magistrates or Crown Court judges, depending on the progress of cases.

Bennett said he had "another six notices in with Herts County Council" and staff seemed to be "dealing with them appropriately".

He said he had also made applications to Cambridgeshire County Council and Buckinghamshire Council.

"On my journey here today to the Crown Court, I have driven on three roads which are in dire condition, and they will be added to the list of notifications," he added.

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