Summary: We will not investigate this complaint about the Council’s failure to take parking enforcement over vehicle obstruction to a driveway. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the Council’s failure to issue parking penalties to her neighbour who keeps parking so that her driveway and dropped kerb are obstructed. She says she has difficulty exiting her driveway and the obstruction should be subject to enforcement.

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The Ombudsman’s role and powers

2. 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says her driveway has been frequently blocked by her neighbour’s inconsiderate parking. She says the obstruction is a Highway Code offence and the Council should deal with this. When she sent evidence to the Council it advised her to contact the Police because it could not take enforcement action. When she contacted the Police they referred her to the Council.
6. The Council is the highway authority and it may issue parking penalty charges under the Traffic Management Act 2004 against vehicles which breach parking restrictions. The Council explained to Ms X that there are no parking restrictions on her road so it has no authority to issue a penalty to her neighbour.
7. Many of the rules in the Highway Code are legal requirements, and if someone disobeys these rules they are committing a criminal offence. Such rules are identified by the use of the words ‘MUST/MUST NOT’. Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts.
8. Highway Code Rule 243 clearly says; “DO NOT stop or park ‘in front of an entrance to a property’ This is not a legal ‘MUST NOT’ requirement and is not an offence in itself but is advisory. Highway Code breaches are the responsibility of the local police force and an officer may still issue a fixed penalty if he believes a vehicle is parked in a dangerous position or where it causes any unnecessary obstruction of the road.
9. Because the Council has no enforcement powers under the decriminalised parking enforcement provisions it could not take the action which Ms X had requested.

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Final decision

10. We will not investigate this complaint about the Council’s failure to take parking enforcement over vehicle obstruction to a driveway. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman