Summary: We will not investigate this complaint about motorbike parking in car parks. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains that motorcyclists park in bays for cars in car parks. He says this is unfair as they do not pay for parking while he pays £204 a year for a permit. Mr X says they should park their bikes in the dedicated bike area, thus freeing the marked bays for people who pay.

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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 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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X complained to the Council about motorcyclists parking for free in car bays.
5. In response, the Council expressed some sympathy with his concerns. It explained that motorbikes are exempt from parking charges, partly because bikes cannot securely display pay and display tickets. It said the parking machines do not support paperless tickets but this is something the Council would consider as an upgrade when the machines need replacing.
6. The Council said it cannot take enforcement action if motorcyclists park in the general bays but said it would improve the signage highlighting the dedicated motorbike bays. It said it had seen an improvement where this had been done. The Council also said it is in the process of updating the car parking order and it hopes this will include information about bikes.
7. I will not investigate this complaint because there is insufficient evidence of fault. The Council responded by explaining the current position and the action it has taken and plans to take. I appreciate the proposed actions may not include all that Mr X may want (for example, he thinks the Council should write to every motorcyclist who parks in a standard bay) but there is nothing in the response to indicate we need to start an investigation. Mr X could perhaps his concerns with his local councillors.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman