Can my daughter claim from the local Highways Dept for a new tyre after hitting a pothole?

My daughter hit a pothole in a local lane. The hole was nearly 6 feet long, 12 inches wide and 6 inches deep. She had to have a new tyre and the tracking realigned at a total cost of £140. I contacted Essex County Council Highways Dept and explained the situation, and after being asked a series of pretty daft questions they told me there is no provision under the Highways Act for compensation. But they gave me a reference number and said they will send me a form. I assume it is a report form as they have asked for photographs and a copy of the receipt, which we have. I would appreciate your view and on how we stand legally.

Asked on 6 February 2012 by AS, Chelmsford

Answered by Honest John
Check with www.fixmystreet.co.uk and with www.potholes.co.uk to find out if the pothole had been previously reported and remained unrepaired. If it has been reported and unrepaired you can claim. If it had not been reported you cannot claim.
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