Driver fed up with potholes takes route to court

A judge has ordered a council to fill potholes in three roads after a driver took legal action.

Derek Bennett said the roads in Berkhamsted and Hemel Hempstead were in "dire condition" and he has used highways legislation in a bid to force Hertfordshire County Council to fix them.

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

Council bosses have agreed to the order to mend the roads within 20 working days.

The potholed roads in question are London Road and Ivy House Lane in Berkhamsted, and Redbourn Road in Hemel.

Section 56 makes it possible for anyone to take action against a highways authority in a bid to get a road or footpath repaired.

Bennett, 68, told the BBC he hoped others who were fed up with potholes would take the same route.

"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.

"It's very simple to make the application."

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

Barrister Jeffrey Chu, representing the council, said the authority had a repair programme and inspections had been carried out.

The BBC has contacted the council for comment.

Bennett, who lives in Bank Mill Lane, Berkhamsted, told the BBC that he had initially taken action over six roads - but three had been repaired prior to the judge making the order.

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

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

"These are roads I have found to be dangerous, either for me as a driver of a car, or for cyclists, or motorcyclists, where the hazards are even greater."

Bennett said applications could be dealt with by magistrates or crown court judges - depending on the progress of cases.

"It can be done without a great deal of effort," he said.

"It's the local authority, the county council, who have to make the effort in responding and repairing the roads."

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