London Borough of Haringey (18 018 865)

Category : Transport and highways > Parking and other penalties

Decision : Not upheld

Decision date : 15 Aug 2019

The Ombudsman's final decision:

Summary: Mr X complained about how the Council processed the renewal of his residents parking permit. The Ombudsman finds the Council was not at fault.

The complaint

  1. Mr X complained about how the Council processed the renewal of his residents parking permit. He said there were multiple delays in the process and the Council’s communication with him was poor. He said poor communication between the Council’s parking service and civil enforcement service resulted in him getting four parking tickets while he was in the process of renewing his residents permit.
  2. Mr X said the delays in the renewal process caused him a great deal of stress, time and trouble.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I discussed the complaint with Mr X.
  2. I made enquiries of the Council and considered its response to my questions. I also referred to its website information about residents parking permits.
  3. Mr X and the Council both had the opportunity to comment on my draft decision.

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What I found

  1. Controlled parking zones were legislated for under the Road Signs and Traffic Act 2002. These zones allow councils to specify who can park in a specific area. Controlled parking zones are often used to designate a specific area for residents parking only.
  2. In Haringey, residents can apply for a parking permit either online or by post. The Council sends a renewal letter to the resident five weeks before the renewal is due. This is a courtesy letter and the Council recognises there may be occasions where renewal letters do not reach residents. It advises residents who have not received a renewal letter, to apply for a permit within three weeks of their permit expiring.
  3. The Council gives residents four weeks after the permit expires to renew their permits. After this, the resident must reapply for a new permit.
  4. When renewing a parking permit the resident needs their:
    • Permit Reference Number- this is available on their existing parking permit; and
    • Applicant ID - available either on the renewal letter sent by the Council or the resident can contact the Council for this information.
  5. It is the resident’s responsibility to ensure the permit on their vehicle is valid and has not expired.

What happened

  1. On 24 May 2018, the Council sent Mr X a renewal reminder, telling him his permit would expire on 3 July 2018. This letter included his applicant ID number.
  2. Mr X said he telephoned the Council in July but was told to renew his parking permit online. He said he tried to renew online, but he did not have the permit reference number. The permit reference number was on Mr X’s, now expired parking permit.
  3. On 16 August 2018, Mr X emailed the Council saying he thought his permit had expired and asked it for his Permit Reference Number. The Council said he provided an incorrect car registration plate number.
  4. The Council said it wrote to Mr X on 24 August telling him it did not have a permit registered under the plate number provided and that he could apply as a new first-time applicant. I understand from Mr X’s complaint the Council did supply Mr X with his Permit Reference Number.
  5. Mr X said he tried to renew his permit online again, however, he did not have his applicant ID to complete the process. Mr X said he contacted the Council to get this information. He said by the time he had the information he needed to renew his permit, he had to make a new application.
  6. Mr X said he spoke to the Council who told him he would not receive PCNs while he was waiting for a new permit if he had started the process for renewing his parking permit.
  7. The Council said Mr X sent it an email on 16 September 2018 with the correct registration number. The Council issued the new car parking permit on 20 September 2018.
  8. Between 14 September 2018 and 21 September 2018, the Council issued Mr X four parking tickets.
  9. Mr X complained to the Council on 10 November 2018, about the difficulties he experienced in applying for his parking permit. He said the Council failed to tell him at the outset he would need his Permit Reference Number and applicant ID to renew his permit and that he would have to reapply.
  10. The Council apologised and said the fault lay with the lack of information provided by its Customer Service Staff. It offered to cancel all Mr X’s PCNs and offered complimentary visitors permits for the inconvenience he experienced.
  11. Mr X responded to the Council and said he wanted compensation for his loss of time and distress caused. He requested £100 for each PCN. The Council would not pay Mr X the compensation he asked for. The Council told Mr X to contact the Ombudsman if he remained unhappy.
  12. In response to my enquiries, the Council said it had changed its view and no-longer felt it was at fault for delays in the renewal of Mr X’s parking permit. The Council said it was Mr X’s responsibility to ensure he completed the application for the parking permit within the required time frame.
  13. The Council also explained the parking permits it issues are paper based. Therefore, the Civil Enforcement Officers who issue PCNs are unable to detect whether a resident has made a parking permit application without making telephone calls to the parking service.

My findings

  1. The Council sent Mr X a renewal reminder in May 2018. This letter contained his applicant ID reference number and his existing permit contained his Permit Reference Number. He had all the information he needed to make the application.
  2. Mr X’s permit ran out 3 July 2019. He had until 31 July 2018 to renew his permit. He contacted the Council in July 2018 and was told how to renew online. That was correct advice. The Council was not at fault.
  3. Mr X complained the Council’s website did not tell him he needed his Permit Reference Number or applicant ID to complete the online application. He said the Council were slow in giving him the required numbers and this meant he had to apply for a new parking permit.
  4. Although this information is not available before starting the renewal process on the Council’s website, I fall short of finding this fault. This is because the Permit Reference Number is available on the expired parking permit and applicant ID on the renewal letter sent by the Council. Once an applicant starts the renewal process, the website prompts the applicant for this information. It is also provided in the postal form available on the website. In addition, if Mr X had stared the renewal process before his permit expired, as recommended by the Council, he would have had this information in time to complete the renewal process.
  5. Mr X said the Council did not tell him he needed to reapply for a new resident permit pass when he contacted customer services. The Council does not appear to have made this explicit either when it resent his Permit Reference Number or applicant ID. However, I fall short of finding this fault. The Council’s website explains there is a nine-week window to make the application and Mr X was familiar with the website as he had tried to renew online. In addition, the Council advised him in an email on 24 August 2018, that he could make a new application. If Mr X has made the renewal application in a timely manner, he would not have had to reapply. The Council was not at fault.
  6. Mr X was unhappy he received PCNs while the Council was processing his application for a new residents parking permit. The Council has explained its permits are issued in paper; therefore its Civil Enforcement Officers would not know if a resident had an application in progress. I would not expect the Civil Enforcement Office to telephone parking services each time it found a car parked without a valid permit to check if there was an application in process. The Council was not at fault for issuing Mr X PCNs.
  7. The Council has cancelled the four parking tickets it issued while Mr X applied for his residents parking permit. Therefore, even if the Council did incorrectly advise Mr X he would not receive PCNs while it was renewing his permit, he has not suffered an injustice.

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Final decision

  1. The Council was not at fault for delays when Mr X made a residents parking permit renewal therefore I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman

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