A HEREFORDSHIRE driver says he has been refused compensation for pothole damage to his car, after he went over an 85-centimetre-long pothole in a village.

Daniel Packman hit the huge pothole in Kingstone on February 17, going at around 20 miles per hour. It was raining at the time, and he thought he was just driving through a puddle. It turned out, he said, to be a "massive pothole", and caused damage to the rim of his car's wheel.

"I reported it to the council and Balfour Beatty and put in a claim but it was rejected as they had taken a look and deemed it minor," he said. "The pothole is 85 cm long, 30 cm wide and 16 cm deep, which doesn't look minor to me."

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"I think a pothole of this size could easily cause injury to a cyclist or a motorcyclist if it were to be flooded again and they were unaware it was there."

Mr Packman says he thinks the inspector handling his case was "too liberal" in rejecting the claim.

According to the Highways Act 1980, highway authorities are excused from liability where they can show a reasonable system of maintenance has been followed, and that they had not left untreated a previously known defect.

The inspector Mr Packman spoke to said that the road had been inspected recently, and would be repaired within two months.

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The pothole Mr Packman complained about has now been fixed, and Herefordshire Council has been approached for comment on Mr Packman's claim.

A council spokesperson has previously told the Hereford Times: "The safety inspections and defect rectification regime reflect the character and usage of the network where the inspections range from monthly to annual.

"The council is not liable unless we have failed in the application of the highways maintenance plan. If we have failed to properly inspect and repair the highway, the motorist may be able to claim losses, in line with the council's duty under the Highways Act."