Summary: We will not investigate this complaint about the removal of Mr X’s car from the highway as it is unlikely we will find fault by the Council.

The complaint

1. Mr X complains the Council acted unreasonably when it towed away his car. Mr X says that while his car did not have number plates, as they had been stolen, he had ordered new ones, and his car was otherwise in good condition. Mr X wants a refund of the £250 he had to pay to have his car released.

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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. There is no statutory definition of an ‘abandoned’ vehicle in law and it is for the local authority to determine this on a case-by-case basis. The law and guidance however do say that a vehicle parked on a highway without number plates can be classed as abandoned and can be immediately removed. As such, we will not investigate as it is unlikely we will find fault by the Council in deciding to remove Mr X’s car.

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Final decision

6. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman