Summary: We will not investigate Mr X’s complaint about local parking difficulties. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mr X, complains that despite him and his wife paying for resident parking permits they are often unable to find a parking spot on their street. Mr X says some drivers are persistently parking without a permit and this prevents them from being able to find a parking space.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. In response to Mr X’s complaint, the Council explained that, as set out in its terms and conditions, permit holders are not entitled to a particular parking space nor is a parking space guaranteed. However, it said it would continue to monitor the area during its patrols and it added it to one of its regular enforcement routes. It said it hoped the regular visits by uniformed patrols would help discourage people from parking there without a permit. It explained it is unable to visit every area each day as it has over 600 locations in its area to enforce. It also acted in response to some specific information Mr X provided about certain vehicles repeatedly parking without a permit and it issued a penalty to one of the vehicles. It told Mr X that, over its previous 13 recorded visits to the street over the last couple of months, it had observed 6 vehicles parked in contravention and issued 3 Penalty Charge Notices. The other vehicles had moved before it was able to issue a penalty.
7. Following its final response to his complaint, Mr X told the Council its actions had had a positive effect and he was now able to find parking on his street.
8. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has acted on Mr X’s concerns and has taken suitable action in response. It confirmed it is monitoring the area and where it has found a vehicle parked without a permit it has issued a penalty charge notice. There is nothing further we would add or recommend were we to investigate.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman