The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about Transport for London’s failure to enforce parking restrictions at a Tube station. This is because the matter does not cause Mr X significant injustice.
The complaint
The complainant, Mr X, complains Transport for London (TfL) has failed to take enforcement action against motorists who contravene parking restrictions outside a Tube station.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
I understand Mr X is concerned about TfL’s lack of enforcement action but this has not directly caused him any significant injustice.
The yellow lines Mr X refers to are on a road which acts as a through-route to a car park; there is a pavement for pedestrians and if they choose to walk on the road they should be aware of the possibility that cars, whether parked or moving, may pose a danger to them. In this respect cars which are parked on the road in contravention of the parking restrictions pose less of a danger than those moving, as they are entitled to do.
Further, the law does not require TfL to enforce parking restrictions and even if it did, civil enforcement officers cannot be present at all times.
Final decision
We will not investigate this complaint. This is because the alleged fault by TfL has not caused Mr X significant injustice.
Investigator's decision on behalf of the Ombudsman