Summary: We will not investigate this complaint about entitlement to parking at a property because the courts are better placed to consider the matter.

The complaint

1. Mr X complained the Council failed to recognise his parking entitlement at his property. He said he is unable to park outside his property and arrange electric charging for his vehicle. He would like the Council to add two parking spaces outside his property to his deeds.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

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

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My assessment

6. Mr X complained the Council did not recognise his entitlement to park in parking spaces outside his property. He said the parking spaces had been wrongly unassigned from his property.
7. In its complaint response, the Council told Mr X the parking spaces were owned by the Council. It said the Council had decided not to sell or license the spaces.
8. We cannot decide land disputes or advise who has what rights over land or who has ownership of the land. This would be for the courts to decide. As we cannot make such a decision, where the courts can, the courts are better placed to consider the issue of entitlement to the parking spaces. We will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because the courts are better placed to consider the matter.

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Investigator's decision on behalf of the Ombudsman