The Ombudsman's final decision
Summary: We will not investigate this complaint about visitor parking permits. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains about the Council’s response after he reported that people are using visitor permits in the same way as resident parking permits. He says this misuse makes it hard to find a parking place.
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 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))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and information about the permit scheme. I also considered our Assessment Code.
My assessment
Mr X complained to the Council that people use visitor parking permits all day rather than for a few hours. He also complained that some people park without having a permit due to the lack of enforcement action.
The Council explained there are no time restrictions on when a visitor permit can be used, provided the permit is valid for that day. It said the actions reported by Mr X are legitimate uses. The Council said the permit scheme does not guarantee a parking place and there may be more permits in circulation than parking places. It said it would do more enforcement in the area and continue to monitor parking. The Council also said had written to all permit holders to make them aware of the allegations and reminding them of the terms and conditions for using permits.
I will not start an investigation because there is insufficient evidence of fault by the Council. I have considered the terms and conditions and there is nothing which limits the use of a visitor permit during the period of its validity. The Council correctly explained this to Mr X and explained the action it has taken to deal with people who misuse the scheme. I appreciate Mr X may find it hard to park but the scheme does not guarantee a parking place or parking outside someone’s home. There is nothing to indicate we need to start an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman