Summary: We will not investigate this complaint about the Council’s refusal to remove vehicles Mr X thinks are parked illegally because they have no MOT. This is because an investigation is unlikely to fine evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council refuses to remove vehicles without an MOT parked in a residents parking area in his road. He says the Council told him the police are responsible for their removal, but that the matter is not a police matter as the vehicles are parked on Council owned land.

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The Ombudsman’s role and powers

2. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about vehicles without MOTs parked in a resident parking area in his road so reducing parking spaces for other residents. The Council told him that where no parking restrictions like double yellow lines exist, it cannot take action. It told Mr X if the vehicles were causing an obstruction to report the matter to the police.
6. If Mr X has witnessed vehicles without an MOT being driven on the road, he should report the matter to the police as this is the body responsible for enforcement. If he is claiming the cars are abandoned, he can make such a report to the Council. However, based on the information provided to the Council to date, there is insufficient evidence of fault by the Council to warrant an investigation.

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Final decision

7. We will not investigate Mr X’s complaint because an investigation is unlikely to fine evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman