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Giovanna Drago argues that although she was on the road illegally, she is still entitled to damages. Ms Drago, 22, who spent 20 months recovering, told Central London County Court she had no chance to avoid the hole because it was dusk.

She is suing the local authority for failing to maintain the road in Barnet, north London.

But Barnet Council says she caused her own injury by venturing onto the roads illegally. The only scooters currently permitted must be rented from an official hire scheme.

Ms Drago, of New Southgate, north London, told Judge Jan Luba KC she had no idea she was breaking the law when she rode her new Xiaomi Mi Pro 2 in October 2020.

She said she had ridden it only twice before. She wore a safety helmet but no knee pads when she went over the handlebars in the crash.

Ms Drago told the two-day trial held at the court in The Strand: “Because it was dark I couldn’t see the hole.”

The court heard her injuries left a 5-inch scar, along with pain and “clicking, swelling and muscle-wasting”.

Geoffrey Mott, for the council, said its staff did their utmost to keep the road safe and clear and Ms Drago should not be compensated for her law-breaking.

He said Ms Drago had bought her £558 model from a supplier which routinely warned customers about the legal restrictions.

Mr Mott added the council did not receive a pothole complaint until January 2021 and the surface had been repaired “within hours”.

Dr Joanna Kerr, for Ms Drago, said her offending was minimal and she should be compensated if the council is held at fault.

The court case was adjourned for final submissions by lawyers.

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