Pothole ‘victim’ makes list of defective roads

11:07am Saturday 10th May 2008

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By Charlie Crabtree »

A WYRE Forest driver is so furious Worcestershire County Council will not compensate him for damage caused by hitting a pothole he has started making his own list of defective roads in the district.

Donald Fascione, 63, of Beaufort Avenue, Kidderminster, needed two new tyres and a new set of wheel trims after hitting a pothole on two separate occasions in Blakeshall Lane, Wolverley.

Mr Fascione, a park caretaker, explained that he hit the pothole a second time when driving home in the dark in heavy traffic.

He added the total cost of repairs was more than £100 and the council had refused to pay, even though it accepted his car could have been damaged by a defect in the road.

He said: "I'm furious. It has really wound me up. At my age I shouldn't have to put up with dangerous road conditions on my way to work.

"I drive on this road seven days a week, four times a day, every day of the year and they had the cheek to send me details of their inspections as though I didn't know what I was talking about. I use the road so much I know every nook and cranny and I have hit most of the potholes at some point. I am now making my own list to send to them."

Mr Fascione said the pothole had been repaired since he first hit it in January but had now reappeared.

He added there are currently at least seven potholes in Blakeshall Lane and he intended to take his case to court.

Mandie Owen, an insurance assistant at the county council, said: "The reason for my decision is that while the council, as highway authority, has a duty to maintain the highway, that duty is not absolute.

"The fact that a defect exists does not automatically mean the council is liable for damage resulting from such a defect."

She added: "The council has a responsibility to take reasonable steps to maintain the highway and this is done through inspection. If an inspection programme is adhered to then this is a defence to claims such as this one."