Resolved: Towing fee refunded following a Local Council’s administrative error

Resolved: Towing fee refunded following a Local Council’s administrative error

Published November 22, 2024

The complaint

On 22 July 2023, a complainant parked her vehicle in a parking area reserved for department store customers before starting her shift. Notices on site indicated that parking restrictions would begin at 19:00, but her car was towed at 14:30 due to conflicting notices. After her appeal to LESA was rejected, she sought redress from the Office of the Ombudsman, claiming the towing action was unfair.

Facts and findings

The Ombudsman’s investigation involved enquiries with the Ministry for Home Affairs, LESA, and the Local Council. It revealed the following:

• Conflicting Notices on site: Notices at the parking area indicated the tow zone would commence at 19:00. However, other notices—affixed alongside event flyers—indicated that towing restrictions would start at 14:00.
  
  
• Government Gazette Notice: The Local Council published a notice in the Government Gazette on 27 June stating that the parking area would be closed from 19:00 on 21 July until midnight on 22 July. 
  
  
• Legal Framework: According to the Traffic Regulation Ordinance, only the Commissioner of Police or Transport Malta can issue temporary traffic orders for specific events. No legal provision extends this authority to Local Councils for public shows or events. The investigation highlighted that Local Councils lack the legal authority to issue such notices with the same enforceable power as the Commissioner of Police or Transport Malta.
  
  
• Administrative failures: The Local Council admitted to organising the event and affixing tow zone signs 48 hours before. However, conflicting notices at the site created confusion.

LESA enforced the towing based on the revised notices, which were not clearly communicated or legally supported.

The Ombudsman concluded that the complainant was unfairly penalised due to inconsistent notices and administrative oversights by the Local Council. The complainant could not reasonably determine which notice to follow, resulting in an unjust towing action.

Conclusions and recommendations

The Ombudsman concluded that:

1. The Local Council’s Government Gazette notice lacked the legal authority to enforce parking restrictions.
   Administrative errors resulted in conflicting notices, putting the complainant in an untenable position.
2. It was recommended that the towing fine be reimbursed and that Local Councils be instructed not to publish such notices in the Government Gazette without legal authority.

Outcome

The complainant was refunded the €200 towing fee. The Ministry for National Heritage, the Arts and Local Government committed to clarifying Local Councils' roles in publishing notices.