Summary: We will not investigate Mr X’s complaint that the Council has not done enough to stop local businesses parking untaxed and for-sale vehicles on public roads. This is because the injustice claimed is not significant enough to justify our involvement.

The complaint

1. Mr X complains the Council did not do enough to stop untaxed and for-sale vehicles from parking on public roads near his house. He is also concerned about whether the businesses selling the vehicles are operating legally, and wants the Council to investigate and prosecute them.
2. Mr X says the issue has caused frustration for him and other residents, as the vehicles parked on the road take up parking spaces and make it more difficult to find a space.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement,
• further investigation would not lead to a different outcome,
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. I acknowledge Mr X is frustrated and annoyed there are fewer parking spaces available for him and other residents. But we do not investigate all the complaints we receive and must prioritise the most serious cases. I do not consider the injustice Mr X claims is significant enough to warrant investigation and there is no right to a parking space on an unrestricted public road. In any event, the Council’s complaint response shows it investigated Mr X’s reports, took action where appropriate and removed vehicles when it had the legal powers to do so. The Council said it continues to monitor the situation and will respond to further reports. In the event the parking issues are ongoing Mr X may continue to report them to the Council and, if he is not happy with its actions, he may raise a new complaint.
7. The Council has however explained to Mr X that several of the issues he is concerned about are matters for other organisations. It told him to report any concerns about untaxed vehicles to the DVLA, explained the police are responsible for dealing with vehicles parked on the public highway which do not have an MOT, and directed him to the HMRC or the Financial Conduct Authority in respect of his concerns about the legality of the businesses’ practices more generally. I have seen nothing to suggest this advice is incorrect.

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Final decision

8. We will not investigate Mr X’s complaint because the injustice claimed is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman