Driver heading back to court for new pothole fight

A driver who went to court in a bid to force council bosses to fill potholes has taken on another legal battle.

Derek Bennett, of Bank Mill Lane, Berkhamsted, Hertfordshire, earlier this year successfully used a section of the Highways Act 1980 to compel Hertfordshire County Council to carry out the road repairs.

Bennett, 68, a retired construction project manager, said he was now using the same piece of legislation in a dispute with Central Bedfordshire Council.

Bennett said he expected a judge at Luton Crown Court to examine his claims in June.

In March Judge Andrew Johnson ordered Hertfordshire County Council to fill potholes in London Road and Ivy House Lane in Berkhamsted and on Redbourn Road in Hemel Hempstead.

He made the order during a hearing at St Albans Crown Court, after Bennett took action using section 56 of the Highways Act.

Hertfordshire council bosses agreed to the order.

Bennett said he wanted Central Bedfordshire Council to fix several roads near Studham and Little Billington.

He said they included: "Clements End Road and Dunstable Road, Studham and Slapton Road/Mill Road between Slapton and Little Billington".

Luton Crown Court officials said the case was listed for 3 June.

Bennett told the BBC: "It's shame I have to wear the councils down like this, when all I'm asking is that they do the job they are paid for."

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 said he hoped others fed up with potholes would take the same route.

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

"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."

A spokeswoman for Central Bedfordshire Council said: "In relation to this specific matter, the council has no comments."

She added: "We encourage all enquiries via our reporting pages on the council's website."

A spokesperson for Hertfordshire County Council said it was "disappointed" that a "routine maintenance issue" had resulted in "legal proceedings being issued".

They added there were "much quicker and simpler ways of letting us know about potholes".

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