London Borough of Richmond upon Thames (21 011 240)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 30 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a claim of damage to Mr X’s car windscreen caused by adhesive from a parking penalty notice. It is reasonable for Mr X to submit an insurance claim and if liability is not accepted, to seek a remedy in the courts.
The complaint
- Mr X complained about the Council fixing a parking penalty notice to the windscreen of his car which left behind a sticky residue. He says this is criminal damage and that the Council should compensate him for the damage.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that when the Council fixed a parking penalty notice to his car windscreen it left sticky residue when removed and he has been unable to remove it with soap and water. He submitted a formal complaint, but the Council says it will not accept this for a claim.
- Mr X says the Council has caused criminal damage to his windscreen and should compensate him for this.
- The Ombudsman will not normally investigate complaints about damage to property or injury to people arising from claims of negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. This will then be treated as a claim, rather than a complaint and passed on to its insurers or legal team for a response on liability.
- If no liability is accepted then it is reasonable for the complainant to seek a remedy by way of the courts.
Final decision
- We will not investigate this complaint about a claim of damage to Mr X’s car windscreen caused by adhesive from a parking penalty notice. It is reasonable for Mr X to submit an insurance claim and if liability is not accepted, to seek a remedy in the courts.
Investigator's decision on behalf of the Ombudsman