UK residents fight pothole crisis with legal action and creative tactics
A 68-year-old construction consultant, Derek Bennett, used Section 56 of the Highways Act 1980 to obtain a court order forcing Hertfordshire county council to repair potholes within 20 working days. Bennett represented himself in St Albans crown court after his letters to the council were ignored, and the judge issued the order without a fight from the council. The transport secretary, Heidi Alexander, recently hit a pothole so deep her car had to be towed, and the RAC reports 225 pothole-related callouts per day in February, three times the previous year. YouGov polling named Britain’s roads the top issue for voters ahead of May local elections. Other residents have taken creative approaches, including landscaper Harry Smith-Haggett, who plants flowers in potholes and documents his work on TikTok under Pretty Potholes, and Mark Morrell, known as Mr Pothole, who ran a 12-year campaign. The article highlights that more than 53,000 claims were made against councils in 2024 for pothole damage, and experts note factors including heavier vehicles, wetter winters, and changes in road surface materials.
What’s reported
Derek Bennett used Section 56 of the Highways Act 1980 to force repair of potholes in Berkhamsted.
Bennett represented himself and the judge issued an order for repairs within 20 working days.
Hertfordshire county council stated it was “disappointed” and said there are quicker ways to report potholes.
Transport secretary Heidi Alexander hit a pothole in Oxfordshire that required her car to be towed.
RAC attended 225 pothole-related callouts per day in February, three times the previous year.
Pothole-related claims have risen 90% since 2021, and over 53,000 claims were filed in 2024.
YouGov reported that road conditions were the number one issue for UK voters ahead of May local elections.
Harry Smith-Haggett (Pretty Potholes) fills potholes with flowering plants; his videos have millions of views.
Mark Morrell (Mr Pothole) campaigned for 12 years, founded National Pothole Day, and advised 300,000 Facebook members.
Experts attribute pothole formation to water freezing and thawing, heavier vehicles (SUVs, EVs, HGVs), and changes in road surface materials (SMA vs HRA).
Preventive road treatments were largely abandoned by councils after the financial crisis.
Open questions
What exactly constitutes a pothole? Highways engineers use various terms like “rutting” and “ravelling,” but no single definition is agreed upon.
Whether the legal precedent from Bennett’s Section 56 case can be applied nationwide to force other councils to repair potholes.
Misconceptions
The article addresses the misconception that electric vehicles are solely responsible for potholes, stating experts agree they are only one of several factors. It also notes that while filling potholes with plants (as Smith-Haggett does) is not illegal, using concrete or tarmac could be considered putting a permanent structure and is legally questionable.
Key figures
Derek Bennett – 68-year-old construction consultant from Berkhamsted.
Heidi Alexander – UK transport secretary.
Harry Smith-Haggett – TikTok creator of Pretty Potholes.
Mark Morrell – known as Mr Pothole, campaigner.
Ian Lancaster – director of the Asphalt Industry Alliance.
Mike Hansford – of the Road Surface Treatments Association.
Kye Cooper – owner of East Herts Surfacing.
Oobah Butler – documentary maker (mentioned as pothole filler).
Rod Stewart – musician (mentioned as pothole filler).
Ben Thornbury – teenager who invented pothole bowling and fishing.
Hannah Clark, Dave Fargher, Tim Webb – residents who highlight potholes with illustrations, dioramas, and rubber ducks respectively.
Sources: The Guardian
