Summary: Mrs B complains about the Council decision not to issue a third parking permit. The Ombudsman does not find fault with the way the Council considered Mrs B’s request.

The complaint

1. Mrs B complains the Council did not consider her individual circumstances when it refused to issue her a third parking permit. She also complains a council officer was rude to her.

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What I have investigated

2. I have investigated the complaint detailed above.

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The Ombudsman’s role and powers

3. 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)
4. 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’. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. During my investigation I:
• considered the information provided by Mrs B;
• made enquiries with the Council and considered its response; and
• reviewed relevant Council policy.
7. Mrs B and the Council had the opportunity to comment on my draft decision and I carefully considered the comments.

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What I found

Council resident permit- conditions of use

8. Parking bays marked on the street permit parking between 8.30am and 5.30pm for the times and days shown on the signs in that area. A vehicle displaying a valid resident or visitor permit may be parked without time limit in a marked bay within the zone for which the permit is purchased.
9. Residents can have up to two registrations on each permit and up to two permits per address. Residents can purchase visitor tickets for additional vehicles.
10. A permit can only be bought by the registered keeper, who must show they live at the address.

What happened

11. Mrs B contacted the Council to request a third parking permit. She already has two permits but required a third permit as her daughter passed her test and now has a car.
12. There are occasions when all three cars need to be parked on the street during the hours a permit is required.
13. When the Council refused to issue a third permit Mrs B asked if she could have her neighbours second permit. Mrs B says neighbour only has one car and this is parked on a driveway.
14. The Council refused to issue a third permit to Mrs B because its on street regulation scheme allows two permits per household.
15. The Council refused to allow Mrs B to register using her neighbours second permit. It says the permit can only be bought by the registered keeper who must live at the permit address.
16. Mrs B complained to the Council about its decision. She also complained about the conduct of a council officer, who she said was rude to her.
17. The Council responded at stage two of its complaint process. The Council:
• apologised for the comment made by the council officer;
• explained the reason for the on street regulations scheme;
• explained the reason Mrs B could not use her neighbours permit; and
• provided alternative resolutions.

My findings

18. The Council has explained why it is unable to issue a third permit to Mrs B. Predominantly this is in the interest of fairness to the other residents who are also only allowed two permits under the current scheme. This is in accordance with its policy.
19. I can see the Council have considered the request but did not find any special circumstances to warrant going against the conditions of use.
20. The Council has offered Mrs B alternative options to resolve her parking issue. Under the scheme each permit can have two vehicles registered and these can be changed online.
21. I have not found fault in the way the Council considered Mrs B’s request for a parking permit. It is not for me to question the Council’s decision where there is no fault in the way it is made.
22. The Council has considered Mrs B’s complaint about the rudeness of a council officer in their dealings with Mrs B. It has offered Mrs B an apology, which I consider to be an acceptable remedy.

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Final decision

23. I do not find fault with the way the Council considered Mrs B’s request for an additional parking permit.

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Investigator's decision on behalf of the Ombudsman