Summary: We will not investigate this complaint about parking provision because the courts are better placed to consider the issue.

The complaint

1. Ms Y complained the Council has failed to address her claim of rights over land near her home, which Ms Y says she has owned since 1984. She is also unhappy with the Council’s response to her complaint.
2. Ms Y says this has led to her receiving Penalty Charge Notices for parking on the land, which she has successfully appealed, because she says she has the right to park on it. Ms Y says the lack of explanation means her land claim has not been dealt with properly.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. 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)

Back to top

How I considered this complaint

6. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Ms Y says she has lived in her property for over 40 years, having bought her home in 1984. Following a Traffic Regulation Order by the Council, Miss Y has disputed any change to her right to park in spaces near her home. The Council has recognised her wish to park outside her property on the road and has offered her a parking permit, which she would need to pay for annually.
8. Ms Y disagrees with this and it is her view that she has the right to park in the same bays, which she says she has always done, since she bought the house. The Council’s view is that this is incorrect and Ms Y needs to buy a parking permit. It has issued several Penalty Charge Notices to her, which Ms Y says she has successfully appealed through the Traffic Penalty Tribunal. Ms Y says she feels harassed by the Council for parking and feels the Council has failed to properly respond to her claim and her complaint.
9. As this is a claim over the rights and responsibilities over the land the parking bays are on and included with Ms Y’s properties, the courts are better placed to consider the complaint. This is because we do not have the power and therefore cannot decide who has what rights over land relating to ownership. The courts however, do have the power to decide a claim such as Ms Y’s. It is therefore better placed than us to consider the complaint.
10. There might be some cost to court action. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income from HM Courts and Tribunal Service and it may be possible for a law clinic to help Ms Y, or another similar service.
11. Also, reasonable adjustments can be made for access to the service if necessary. It is therefore reasonable for Ms Y to be expected to go to court about this matter. We will not investigate.

Back to top

Final decision

12. We will not investigate Ms Y’s complaint because the courts are better placed to consider the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman