Summary: We will not investigate this complaint about the Council’s enforcement of parking on a car park on common land. We cannot determine points of law and only the courts can issue a legal interpretation of the legislation.

The complaint

1. Mr X complained about the Council erecting signs on common land in his village which state that it will enforce parking regulations and issue penalties for breaches of the regulations. He says the land is registered village green common land and the Council has no authority to impose parking regulations on it. He says the land is subject to the Law of Property Act 1925 not highways legislation and the Council is acting wrong in law by imposing parking regulations.

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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 another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council is imposing parking regulations on village common land for an area which it says is a car park subject to highway legislation. He says that signs threatening parking penalties are unlawful and misleading and that no enforcement is valid on common land.
7. The Council told Mr X that it has sought legal advice about the validity of the parking regulations following a previous challenge and that the advice confirms that enforcement is valid under the highways legislation. It refused to disclose the details of the Counsel’s opinion under s.42 of the Freedom of Information Act 2000 because it considers it to be exempt information.
8. We cannot determine points of law and this applies to Mr X’s complaint. The Council has sought legal opinion and Mr X would have to do the same and seek a determination in the courts if he believes the Council is acting unlawfully.

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Final decision

9. We will not investigate this complaint about the Council’s enforcement of parking on a car park on common land. We cannot determine points of law and only the courts can issue a legal interpretation of the legislation.

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Investigator's decision on behalf of the Ombudsman