Summary: Ms D says the Council has failed to provide sufficient parking capacity at a car park. The Ombudsman has not found evidence of fault by the Council and has completed the investigation and not upheld the complaint.

The complaint

1. The complainant (whom I refer to as Ms D) says the Council has issued more parking permits for a car park than available spaces. In addition, the Council has failed to remove untaxed or uninsured vehicles using the car park and taking up spaces. This means Ms D is often unable to park her car.
2. In addition. Ms D refers to anti-social behaviour at the car park, the permit and application process and penalty charge notices (PCNs).

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What I have investigated

3. I have looked at the first part of the complaint about capacity at the car park.
4. I have not investigated the majority of the complaint for the reasons below.

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The Ombudsman’s role and powers

5. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
6. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if it is unlikely that further investigation would lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
7. 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

8. I have considered the information provided by Ms D. I asked the Council questions and examined its response.
9. I shared my draft decision with both parties.

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What I found

What happened

10. Ms D buys a parking permit from the Council to park at a nominated car park close to her workplace.
11. Any telephone contact Ms D had with the Council’s Parking Services Team is undocumented. The Council does not log calls received by that Team. As such I am unable to say with any certainty what contact Ms D has with the Council until her formal complaint on 11 June 2019. Ms D complained to the Council primarily about delay processing her permits and vehicles using the car park that were untaxed or not insured. The Council replied on 18 June. It said that whilst Civil Enforcement Officers regularly patrolled car parks they could not issue PCNs or remove vehicles that were parked without tax or insurance. Those were issues for the Police or DVLA.
12. Ms D asked the Council to reconsider her complaint, including a lack of capacity at the car park, and the Council replied on 6 September. It reiterated its position on untaxed or uninsured vehicles. The Council would issue PCNs for vehicles parked without a valid permit. It was only authorised to remove abandoned vehicles. In respect of capacity the Council said it was aware that changes to the car park, caused by properties altering boundaries, had an impact on the available spaces. It was looking to review the capacity of its car parks. The Council also stated that if Ms D could not find a space at her car park she could call the Council and would be given an alternative parking spot.
13. On 28 November the Council emailed Ms D’s business and offered alternative parking at a car park which had pedestrian access to Ms D’s workplace.
14. The Council has told me its Parking Service’s review of car parks is underway.

What should have happened

15. There is no set policy on how car parking capacity and permit numbers are calculated.
16. If a permit holder is unable to find a space at their nominated car park they can call Customer Services at the Council or, between 10 am and 2 pm, Parking Services direct. The Council will provide them with a parking space at an alternative car park.
17. The Council’s terms and conditions for permit holders states that a permit “does not guarantee a parking space on any car park”. It also says that if a space is not available in the nominated car park the Council will provide an alternative overflow car park.
18. The Council’s Civil Enforcement Officers check vehicles in car parks to ensure they have a valid permit. If there is no valid permit the Officer will issue a PCN. Officers do not have the capacity to check if a vehicle is taxed or insured. If the Council receives a report from someone about an untaxed vehicle it will notify DVLA via an online form.

Was there fault by the Council

19. Ms D says the Council has failed to ensure there are enough spaces to allow her to regularly park at her nominated car park. I have not found fault by the Council. The Council’s website clearly states that holding a permit does not guarantee a parking space. However, the Council is required to provide alternative parking if a permit holder requests it and has a system in place for this. I understand that Ms D says she has called the Council to report a lack of spaces and not received a reply. I have no evidence to corroborate if this was a repeat problem, but I see the Council did offer Ms D, via her business, the option of longer-term alternative parking provision in November. I understand this offer remains open and I consider the Council has fulfilled its duty towards Ms D. I also see the Council is currently reviewing its car parks and this will include capacity issues.
20. Ms D says the Council has failed to remove vehicles parked without tax or insurance. Again, I find no fault by the Council. It has previously explained to Ms D that its role when checking vehicles in car parks is limited. Officers do not have the capacity to check if a car is insured or taxed and those are matters that a concerned person can report direct to DVLA.

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Final decision

21. I have completed the investigation and not upheld the complaint.

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Parts of the complaint that I did not investigate

22. I have not investigated Ms D’s complaint about anti-social behaviour because she needs to first formally complain about this to the Council.
23. In respect of the permit and application process Ms D incurred PCNs but these have already been cancelled by the Council. As such there is nothing further investigation by the Ombudsman could add to this matter.

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Investigator's decision on behalf of the Ombudsman