Sheila Burgman, a 75-year-old motorist, has successfully secured hundreds of pounds in compensation from Kent County Council (KCC) after her car was damaged by a pothole, concluding a two-year legal battle. The dispute began in January 2024 when her blue Peugeot 307 struck a pothole on London Road in Allington, Kent, causing damage that required a new shock absorber and a repair bill of £515.
From rejected claims to court victory
Ms Burgman initially filed several claims with the council, all of which were rejected. Frustrated by the repeated denials, she decided to escalate the matter to the small claims court. A hearing scheduled for November 2024 was postponed after the council failed to attend, and was later rescheduled for May 2025, where both sides presented their cases.
“I’d had enough,” she said. “I’d put in three or four claims by then. We were meant to have a date in court last November, but they (KCC) didn’t turn up. Then it was moved to the end of May, and we both had our say.”
Judge rules in favour of motorist
The judge ultimately ruled in Ms Burgman’s favour, awarding her the full £515 for repairs along with £155 in court costs. Ms Burgman described herself as “buzzing” and “over the moon” with the outcome, expressing satisfaction at finally resolving the dispute after two years.
“I was told KCC didn’t have the money and it would come from the taxpayer, but I’m a taxpayer myself and it was their fault,” she said. “I wasn’t driving fast that day. I’m a careful driver and if I lose money it’s just not fair.”
A matter of principle
Ms Burgman maintained she had been driving carefully at the time of the incident and argued it was unfair she had been left out of pocket. She added that while she could have pursued a larger claim, she chose not to, insisting the case was about principle rather than money.
“At the end of the day, it wasn't so much about the money. It was the principle because I knew I had a case. I knew I was in the right. I was determined to pursue it and didn't want to give up. I'm quite determined. I'm like a dog with a bone, I won't give up,” she said.
Encouraging others to challenge councils
Ms Burgman said she hopes her victory will encourage others to challenge decisions and not get intimidated by council rejections if their vehicles are damaged by poorly maintained highways. “It's really easy to do and more people should look at it doing it if they think they're in the right. When the judge told me I'd won, I was over the moon. I felt rewarded.”
Kent County Council was approached for comment but had not responded at the time of publication.
