A FRUSTRATED road user has blasted a decision taken by loss adjusters working on behalf of Shropshire Council not to cover the costs of a tyre blow out he says was caused by a pothole in Oswestry.

Selattyn-based Tim Kirk was hit with a bill of £132 after his wife Sue struck a pothole in Oswald Road, ripping the tyre and causing damage to the Skoda car on February 2.

But he says his frustration comes from the decision of claims firm Gallagher Bassett, working on behalf of Shropshire Council, not to pay his invoice for the repair work, citing that because the road was inspected on January 4, and no 'actionable defects' were found.

The company said Shropshire Council had acted accordingly.

"They are saying that because the pothole happened after it was inspected, it is not their concern," said Mr Kirk.

"Either they're repairing potholes that are dangerous or they're not, and they're hiding behind statutory obligations which is quoted in the email trail.

"If I had something insured and it was in a bad state, then the insurance company wouldn't honour that payment and I wouldn't pay a premium for something that is damaged, so what the hell is going on?

"I think I'm due the money and I want to give them a kick up the backside ­– I have done everything right here.

"Shropshire Council have passed it on to loss adjusters who have said there is no statutory obligation to pay out.

"The fact that a policeman was seen taking a photograph of it denotes its seriousness and they can't say we don't repair things outside that period if they're not serious.

"They can't say 'we're waiting another month to repair it'. As far as they are concerned they repaired it after inspection and what happens in between that is not their concern.

"That they repaired it shows that it was a dangerous pothole and it warranted repair.

"I think they have a responsibility to repair holes that cause that amount of damage, regardless of anything else and I am frustrated by this.

"I personally think that the police reported having taken photographs of it – what's the point of doing that if you don't report it?"

In an email seen by The Advertizer, Mr Kirk was told by staff at Gallagher Bassett that Shropshire Council acted accordingly.

It said: "When a defect is identified the defect is assessed and placed for repair.

"The council must then repair within the allowed time frame for that type of defect, Please note that there is no duty for the council to mark or sign a road. Defect was recorded during next routine inspection completed on February 3 2021 and made safe.

"What would be unreasonable of the council would be to receive a complaint about the defect three weeks before your incident and identify it on the next inspection and fail to complete repairs.

"Only when the council do not act will the courts consider them to be negligent.

"As such it is our opinion that Shropshire Council will be able to demonstrate they had in place a reasonable system of highway inspection and that the defect in question came into existence between scheduled inspections."

A Shropshire Council spokesman said: "Shropshire Council cannot comment on ongoing insurance claims.”