The Ombudsman's final decision
Summary: We will not investigate this complaint about illegal parking on Miss B’s road. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Miss B says the Council issued her with a Penalty Charge Notice (PCN), which she paid, for not parking her car wholly within a marked bay near her home. Miss B complains there are often many cars which are blocking driveways or not parked wholly within bays but they do not receive PCNs. Miss B says she regularly cannot park on her road because non-residents park everywhere and illegally. Miss B says the Council should introduce a residents permit scheme so residents can park close to their home.
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 Miss B and the Council. I have also considered information on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council did not accept Miss B’s complaint under the Council’s complaints procedure. The Council said Miss B could have challenged the PCN she was issued by using the statutory representations and appeals procedure.
Miss B says the Council misunderstood her complaint because she was not challenging the PCN issued to her. Rather, she was complaining that the Council does not issue PCNs to other parked cars which are parked illegally.
I find the Council could have done more to explain its approach to parking enforcement on Miss B’s road. But, an investigation by the Ombudsman is not justified.
The Council has told Miss B how to report illegal parking via the Council’s website. This information may help the Council tackle illegal parking on Miss B’s road.
Miss B may also use the Freedom of Information Act to ask the Council for specific information about how it enforces the parking restrictions on her road.
Miss B would like the Council to introduce a residents permit scheme. There is a legal process the Council must follow before introducing such a scheme. Also, it is for the Council to decide whether such a scheme is justified in a particular location. Miss B may suggest this to the Council using the parking general enquiry form on the Council’s website.
Final decision
We will not investigate Miss B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman