Oxfordshire ‘hidden trap’ pothole leads to compensation payout

The driver sustained £86.40 of damage to his vehicle when he hit a 70mm-deep pothole in Blackthorn near Bicester on November 22, 2025.

The pothole, which is outside Malvern Cottage on Station Road, was hidden under floodwater caused by blocked drains.

Oxfordshire County Council has apologised for an error and the authority said steps have been taken to ensure it is not repeated.

The motorist Matthew Kitchen said: “On November 22, I was driving through Blackthorn when my car struck a massive pothole outside Malvern Cottage.

“It was raining, and because the council had failed to clear the drains, despite reports of them being blocked for months, the road was flooded.

“The water acted as a mask, making the 70mm deep hole a ‘hidden trap’ for any unsuspecting driver.”

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After claiming for the cost of repairs, the 20-year-old received a standard rejection letter from the council, which stated it had no prior knowledge of the pothole and had met its legal obligations through routine inspections.

Unconvinced, the driver made an Environmental Information Regulations (EIR) request and discovered the council had been notified of the pothole on November 19, three days before his incident.

The pothole was also sent to the website FixMyStreet multiple times in the run up to Mr Kitchen’s accident.

The pothole Matthew Kitchen hit (Image: Matthew Kitchen)

The pothole was recorded as a “valid defect” and later measured at 70mm deep.

Oxfordshire County Council policy classifies defects over 40mm as a hazard requiring urgent repair.

Records also showed the council had been informed of blocked drains at the same location a month earlier, but no action had been taken.

Armed with this evidence, the driver challenged the council’s decision, pointing out its failure to act.

He said: “If I hadn’t filed that FOI request, they would have gotten away with it.

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“This isn’t just about £60. It’s about the fact that the council is using ‘standard denials’ to avoid paying for damage caused by their own documented negligence.”

 Mark Morrell, otherwise known as ‘Mr Pothole’ said: “The potholes in Oxfordshire are some of the worst in the country due to decades of disappointment from the council.

“The fact of the matter is they simply just aren’t doing their job properly anymore; there isn’t any money or resources for the council to do better.”

The renowned pothole campaigner has formally complained about the dangerous condition of Hook Norton Road in Oxfordshire.

Oxfordshire County Council said: “The claim was initially turned down on the grounds that the council had taken reasonable action in respect of the pre-accident pothole report at this location.

“Following receipt of correspondence from Mr Kitchen, a full claim review was undertaken at which stage a settlement offer was made to him as it appeared an additional report was overlooked during the initial investigation.

“We apologise for this error and have taken steps to ensure that this is not repeated.”