The Ombudsman's final decision
Summary: We will not investigate this complaint about liability for tolls for mooring and navigation under the Broads Act which is enforced by the Authority. It is reasonable for Mr X to seek a remedy in the courts to determine the status of his premises and the adjacent stretch of water.
The complaint
Mr X complained about the authority charging tolls for boats using a stretch of water near his property which he claims is private and exempt from tolls. He also claims his premises are a private boatyard and therefore are not liable for mooring tolls which have been served by the authority.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X owns a property on the Norfolk Broads which he says has exclusive rights to a stretch of water adjacent to the buildings and exempt from any navigation tolls and jurisdiction of the authority. He also says the moorings on his site comprise a private boatyard and that boats under repair at this location should be exempt from mooring tolls.
The authority disagrees with Mr X’s view of his property and says the water and the moorings fall within its duty to exact tolls under the Broads Act 2009. It has served several tolls on Mr X which are so far unpaid. The Authority has warned Mr X that it will consider court action if he does not pay the tolls which it has served on him.
The Ombudsman cannot determine who is liable for tolls or determine points of law with regard to particular premises. Only the courts can decide this. If Mr X wishes to challenge the tolls he may do so as a defence if the authority pursues them in the Magistrates Court. He may seek his own legal action to determine the status of his premises with regard to the Act if he wishes to settle the question of liability in the long term.
Final decision
We will not investigate this complaint about liability for tolls for mooring and navigation under the Broads Act which is enforced by the Authority. It is reasonable for Mr X to seek a remedy in the courts to determine the status of his premises and the adjacent stretch of water.
Investigator's decision on behalf of the Ombudsman