Summary: We will not investigate this complaint about how the Council dealt with nuisance parking in the local area. This is because we are unlikely to find fault with the Council and we could not add to the Council’s response.

The complaint

1. Mrs X says the Council has failed to take action to stop nuisance parking of vehicles on nearby roads. She says the parking problems are causing distress and concerns for her safety. Mrs X wants the Council to implement measures to control the parking problems.

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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 organization.

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

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How I considered this complaint

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

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My assessment

5. Mrs X said the Council has not properly enforced the parking problems at a nearby business premises. Mrs X provided photographs that show vehicles parked along the pavements and roads.
6. The Council said it had visited the site 44 times and issued Penalty Charge Notices (PCNs) to vehicles that were parked illegally.
7. The Council said it has been monitoring the area. It told Mrs X the reasons why it would not implement further control measures such as a resident’s parking scheme. I am satisfied the Council properly considered Mrs X concerns. We are unlikely to find fault with the Council’s actions.
8. Mrs X further complained the premises had breached planning conditions that require it to provide parking spaces.
9. The Council is investigating the breach and contacted the business. A planning officer visited the site and confirmed a cycle stand had been provided to discourage car use. The developer also submitted a retrospective planning application to vary the planning conditions and resolve the issues. The application has now been approved. If Mrs X is concerned about further planning breaches at the site she can report these to the Council for its enforcement team to consider.

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Final decision

10. We will not investigate Mrs X’s complaint because we are unlikely to find fault with the Council and we could not add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman