Reigate & Banstead Borough Council (25 028 802)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 06 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about damage to Mr X’s car at a council car park. This is because it is reasonable for him to take the matter to court.
The complaint
- Mr X says the Council failed to properly assess risks and provide adequate signage at one of its car parks. He says this caused damage to his car. He wants the Council to reimburse the repair costs.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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 Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council considered Mr X’s complaint. It said it carries out regular inspections, and the car park operates safely and in accordance with the required standards. It did not accept liability for the damage to his car.
- If Mr X disagrees with the Council’s position and considers it liable for the damage and cost of repairs, it would be reasonable for him to pursue a claim through the courts. The courts are better placed to decide whether the Council has been negligent and is liable for damage. They can also provide a suitable remedy.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman