I bought my wife a new Honda Jazz in September 2012. On Wednesday, she was driving along an unlit road when she hit a pothole with her nearside front wheel. It was raining and visibility was poor. The tyre deflated and we had to call out Green Flag as the Jazz has no spare wheel. The car had done only 1321 miles. The next day, Green Flag took the car to a local tyre depot who confirmed that the tyre was a write-off. I reported the location of the pothole to the highways authority, Surrey County Council, by phone that same day and told them of the location. They said they would send me forms to submit a claim necessary. A new tyre was fitted at an overall cost of £98 and I claimed on the County Council with full details in accordance with their requirements.

The Council has now replied to the effect that the road was last inspected on 29 May 2012 and they enclosed a copy of the inspection sheets. However, they claim they cannot be held responsible as the pothole was not reported to them as a defect, prior to the accident. When I was checking the precise location of the pothole 12 days after the event the pothole had been filled in. Do I have enough evidence to pursue this matter through the Small Claims Court or do the Councils usually manage to avoid reimbursements?