Summary: Mr D complains the Council wrongly removed his vehicle from private land. The Ombudsman has completed the investigation and not upheld the complaint. He has not found any evidence of fault by the Council.

The complaint

1. The complainant (whom I refer to as Mr D) says the Council wrongly impounded a car belonging to his business in May 2019. He states the car had a Statutory Off Road Notification (SORN) and was on private land.

Back to top

The Ombudsman’s role and powers

2. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

3. I have spoken to Mr D and considered the information he provided. I asked the Council questions and carefully examined its response.
4. I have shared my draft decision with both parties.

Back to top

What I found

What happened

5. On 30 May 2019 the Council’s contractor (hereafter referred to as the Council) removed and impounded a vehicle owned Mr D’s company. It was noted as being SORN and parked on a road which was a public adopted highway. Mr D had to subsequently pay a fee to have the car released to him.
6. On 18 June Mr D complained to the Council. He said the vehicle was in a private car park. On 25 June the Council replied stating the car had been parked on the highway and therefore was correctly removed. Because the vehicle was SORN it should have been stored on private land.
7. On 27 June Mr D pursued his complaint and said the Council should have given him 14 days’ notice prior to removing the car. The Council issued its final reply to Mr D on 16 August. It reiterated the car had been parked on the highway and was, therefore, correctly impounded. No advance notice was necessary.

What should have happened

8. The Council has devolved powers from the DVLA, under the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997, to clamp and remove vehicles. This is further set out in the DVLA Code of Practice and Guidance Notes. Where the Council finds a vehicle parked on a public adopted highway and subject to SORN it has the right to impound it immediately without giving any notice. A vehicle owner has a duty to store a SORN’d vehicle on private land.
9. The Council will record where the vehicle was parked in relation to the highway and take photographs of the vehicle condition prior to removal. The vehicle owner has to pay a fee to have the car released back to them.

Was there fault by the Council

10. There is no fault by the Council.
11. Mr D says his vehicle was “parked off the road” in a private car park. That is incorrect. The Council’s records clearly show the car was parked on the highway in May 2019 when it was removed. Mr D also states the Council had to give him 14 days’ notice before removing the car. Again, that is not the case. The Council only has to give notice (15 days) for abandoned vehicles on private land. In this case Mr D’s car was SORN which meant he had a responsibility to park it off the highway. Because he failed to do so the Council had the right to remove the vehicle without giving any notice.
12. I appreciate Mr D strongly disputes the Council’s position, but I consider it acted in line with procedures and is not at fault.

Back to top

Final decision

13. I have completed the investigation and not upheld the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman