LGO (Local Government & Social Care Ombudsman) Other

Mole Valley District Council

22-004-999 · Transport And Highways › Parking And Other Penalties · Decision date: 10 August 2022

Full Decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about changes to the parking permit system. This is because there is insufficient evidence of fault by the Council and we cannot achieve the outcome the complainant would like.

The complaint

The complainant, whom I refer to as Mr X, complains the Council will no longer let him share a parking permit and he is now on a waiting list for a new permit which he will have to pay for. Mr X wants to continue to have a shared permit.

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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

How I considered this complaint

I considered information provided by Mr X and the Council. This includes the complaint correspondence and information about parking permits. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

My assessment

Mr X had a parking permit which he shared with his partner. They had two cars, and one permit; they could only use the permit for one car at a time. The other car would have to park under alternative arrangements. The system worked well for Mr X.

The Council reviewed all its parking permits. The Council did a review because it thought the old system was overly complicated and it wanted to move to virtual permits and ensure consistency. Following the review the Council introduced a new system from 1 April.

One of the features of the new system is that the Council has withdrawn shared permits. This means people can no longer share one permit between two vehicles. Mr X will have to buy a permit but, as there is a shortage of parking spaces, he is on a waiting list for a permit for a car park.

Mr X complained about the loss of the shared permit and that he is on a waiting list. He said two permits will cost £1400 and they rarely need to park both cars for a long time.

The Council confirmed it is correct Mr X can no longer use a shared permit. It explained the reason for the change and suggested alternative options. This includes different permits, pay as you go, and car parks which are further away but without a waiting list.

I will not investigate this complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Mr X wants. The Council reviewed the permit system and introduced changes. One change has a negative impact on Mr X but it is not due to Council fault. Mr X disagrees with the changes but that does not mean the Council has done anything wrong. We are not an appeal body and we have no power to revise the new system or tell the Council it must allow Mr X to continue to have a shared permit. Mr X could speak to his local councillors and ask for the re-introduction of shared permits. But, it would be for the Council, not us, to decide if the system should be revised again.

In addition, the Council has suggested other options which would help to alleviate the problem of being on a waiting list or may provide a cheaper alternative.

Final decision

We will not investigate this complaint because there is insufficient evidence of fault by the Council and we could not achieve the outcome the Mr X would like.

Investigator's decision on behalf of the Ombudsman