The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to grant Miss X a parking permit for visitors as there is insufficient evidence of fault.
The complaint
Miss X complains the Council has unreasonably refused to provide her with a resident and a visitor permit for her property. She says this meant she could not park near her house for some time. She says she received penalty charge notices on a number of occasions and has had to pay for parking nearby. She says visitors still cannot park near her property.
The Ombudsman’s role and powers
The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X purchased her property expecting to be able to obtain permits. She says when she applied her application was refused. She says the Council have now provided her with a residents permit due to her disability, but she does not consider it fair it has not also given her a visitor permit.
There is a parking restriction in Miss X’s area. Only those properties which were residential at the time the restriction was introduced are automatically entitled to parking permits. Miss X’s property was not a residential property when the restriction was introduced, though it had been residential many years earlier.
Miss X disagrees with the Council’s view that her property should not automatically get parking permits. However, there is no fault in the Council’s position that the restriction applies to her property. There is no evidence of fault in the Council’s decision not to provide parking permits to warrant an investigation.
Although the previous owners had parking permits, that does not mean there is fault in the Council not automatically offering Miss X parking permits. There is no evidence Miss X checked the position with the Council before buying the property. Therefore, if she bought the property under the impression there would automatically be resident and visitors parking permits, that did not result from any fault by the Council. Overall, there is not enough evidence of fault in the Council’s actions to warrant investigation.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman