Colchester: Councillor Goss beats Essex County Council in court

Mile End Ward councillor Martin Goss, 50, has beaten Essex County Council in the small claims court after his car was damaged by a large pothole.

On April 3 last year, Mr Goss was driving down Middleborough, in Colchester, towards St Peter’s Street when his Vauxhall Corsa hit the pothole.

The damage was so severe that the driver's side front tyre was “completely unrepairable” after the pothole caused a slash in tyre.

Won - Councillor Martin Goss

At the time, Mr Goss was on his way to chair a local plan meeting at the Town Hall, in High Street.

After parking up at Town Hall, he called a mobile car repairer who couldn’t find the right tyre to replace the damaged one.

He had to stay for hours after the meeting until his car’s tyre was repaired at a cost of £168.

Mr Goss reported the pothole and contacted Essex County Council for an insurance claim. 

But his bid was rejected on June 12, 2023, the same day he claims they fixed the pothole.

It was rejected under section 58 of the Highways Act 1980, which allows authorities to defend against pothole claims.

Incident- Councillor Martin Goss's car next to the pothole (Image: Martin Goss)

Damaged - the tyre which was slashed due to the pothole (Image: Martin Goss)

Undeterred Mr Goss then took the council to the small claims court after submitting an FOI report on the road’s inspections and reports for the last three years which he says showed the road was in "a terrible state".

After also providing a witness statement to the court, Mr Goss has won and Essex County Council must pay a total of £203 to him.

He said: “I just wanted my money back.

"The road was in terrible condition, I proved Essex County Council did know this road was in need of repair.

Large - an image of the pothole (Image: Martin Goss)

Needing repair - another image of damage caused to Mr Goss's car after hitting the pothole (Image: Martin Goss)

"The court process was found in my favour. Now I just need Essex County Council to issue me the cheque.

“Justice has been served."

Mr Goss urged other roads users to have "the tenacity" to see a small claims bid through which costs £35.  

He said: “If your car gets damaged due to poor repairs of our highways, I would urge anyone to report the issue to Essex Highways.

“Contact them and put in a claim, wait for them to reject it under the Highways Act section 58, pay the £35 and log it with the court.

“At the same time put in an FOI, ask for last three years of reports and all inspection reports as you are allowed under them under the Freedom of Information Act, then submit it.”

A spokesman for Essex Highways said: “All compensation claims are investigated fully and damages are paid if the council has been liable.

“The majority of claims are successfully defended because we are rigorous in our maintenance of the road network to protect taxpayers’ money.

“However, due to our limited resources, we must prioritise our work and fix higher-risk issues first.

“More information about our repair criteria and road maintenance strategy can be found at essexhighways.org/roads-and-pavements/how-we-prioritise-highway-issues.”