A MOTORIST is taking Essex County Council to court after a giant pothole caused £500 of damage to his car.

Frank Cattarall, 61, of Norwich Close, Colchester, has started legal proceedings through the small claims court, claiming a pothole wrecked his Renault’s suspension.

He had to pay £500 to get it repaired, but the council has refused to acknowledge it is responsible.

The council filled in the 18ins long by 6ins deep hole on Colchester’s Greenstead Road two days after Mr Cattarall complained, but says he has no grounds for a claim.

Mr Cattarall said: “I don’t know how many other people they have turned down. The car is not built for off-road usage and it seems you need a 4x4 on our roads now.

“I pay about £500 a year on road tax, but the council can’t get the roads fit enough to drive on.”

Retired Mr Cattarall said his car was damaged when he was driving along the road in the dark and in the rain.

He said his car went down with a thump. Mr Cattarall took it to a garage the next day and was told the shock absorbers and springs needed replacing. He sent the council the garage bill and photographs of the damage.

Mr Cattarall said: “All the paperwork came back and they said they had done a road investigation, but there were no grounds for a claim.”

An Essex County Council spokesperson said: “ All compensation claims received by Essex County Council are investigated fully and costs are only paid if the council feels they would be held liable in court for having breached their statutory duties as the highways authority to maintain the highway. "All claims are given the same legal consideration, whether the claim is for minor damage to a vehicle or for personal injury.”