Summary: Mr B complains he could not pay for parking using cash and had to pay a convenience charge to pay using the methods available. Mr B incurred additional charges and was frustrated by the lack of choice available to make payment. The Council was at fault for not considering cashless parking in its equality analysis and because its parking signs do not include all relevant information. The Council has agreed to the Ombudsman’s recommendations to complete a new equality analysis and correct its parking signs.

The complaint

1. Mr B complains he could not pay for parking using cash and had to pay a convenience charge to pay using the methods available. He also complains the company running the cashless parking system for the Council charged him for two reminder texts.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
4. 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

5. I considered:
• Mr B’s complaint and the information he provided;
• documents supplied by the Council;
• relevant legislation and guidelines; and
• the Council’s policies and procedures.
6. Mr B and the Council had an opportunity to comment on my draft decision. I considered their comments before making this final decision.

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What I found

Legislation and Guidance

7. A Controlled Parking Zone (CPZ) is an area where all on street parking is controlled. When you enter a zone there are entry signs to tell you restrictions apply there. Parking is only allowed in parking bays and yellow line restrictions apply everywhere else.
8. Charges may be levied on the street (enforced by use of a meter or ticket inspection system) or by charging for permits (such as for residents or for visitors or tradespeople), but not for public service vehicles. (Road Traffic Regulation Act 1984, c 27, s 45(2))
9. A parking device is something that the driver places in the vehicle to indicate that payment has been made for that session of parking. The device could be an electronic machine, a cardboard disk, a stamp or a sheet of paper with squares that must be marked or revealed (perhaps by scratching off a top surface), or anything else that the authority may invent or adopt. (Road Traffic Regulation Act 1984, c 27, s51)
10. The Equality Act 2010 protects people from discrimination arising from protected characteristics, including age and disability.
11. The Equality Act 2010 says public sector organisations have a duty to eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the act and advance equality of opportunity between people who share a protected characteristic and those who do not. This is the public sector equality duty (PSED). (Equality Act 2010, s 149(1))
12. Equality analysis enables authorities to understand the differences in outcomes and opportunities experienced by people in different communities in key areas of life such as health, education, community safety, housing quality, access to work and so on. Equality analysis is about identifying where the outcomes and opportunities gaps are for different communities, including those sharing the protected characteristics.

What happened

13. This chronology includes key events in this case and does not cover everything that happened.

Background

14. In February 2019, the Council completed an equality analysis for a proposed CPZ. The Council did not consider the cashless parking scheme when it completed its equality analysis for introducing a CPZ. In response to enquiries, the Council said cashless parking was “not classed as a protected characteristic issue”.
15. The Council made a traffic regulation order for streets in Ladywood to introduce a cashless parking scheme, through a telephone payment parking system. The order said where a driver cannot pay the charge, the driver shall remove the vehicle from the parking space without delay. The order came into operation on 25 September 2019.
16. The Council put up signs in the controlled parking zone to tell customers how to pay for parking by an automated phone service or by an app. The signs said if the customer paid by the app, they would pay 1p a transaction as well as normal parking charges. The signs also said optional text reminders cost 30p each.
17. A private company operates the cashless parking scheme for the Council.
18. The company gives customers who pay for parking for the first time using the company’s automated telephone service information about reminder text messages and require them to set their default text message options.

Complaint

19. Mr B parked his car in a street which is part of the controlled parking zone in Ladywood. He could not find a payment machine that accepted coins, so he called the advertised automated phone service and paid by phone. Mr B paid £1.50 to park and 11p extra to pay using the automated phone service, 10p more than to use the app. He paid a further 60p for two reminder texts.

Analysis

20. The Council did not consider the cashless parking scheme when it completed its equality analysis for the controlled parking zone. As a result, the Council did not identify whether those with protected characteristics would be at a disadvantaged if it introduced a cashless parking system and whether it needed to act to mitigate any disadvantage. This was fault.
21. The signs put up by the Council did not tell those buying parking by phone they would have to pay 11p as well as the normal parking charges. When customers call the automated phone line, it does not tell customers they will have to pay a transaction fee or that this is 11p of the amount they pay. The Council was not transparent about the amount customers using the automated phone service must pay and that this fee was higher than the charge for using the app, this was fault.
22. Although Mr B could have changed his text message options and opted out of receiving reminder text messages, he believed he could have only done this at the time if he had a smartphone with internet connection. The Council has explained that it is possible to opt out of receiving the service when calls are made from a mobile. But the Council’s equality assessment did not consider customers access to a mobile phone, smartphone and the internet, not doing so was fault.
23. Because of the Council’s fault, Mr B paid a convenience fee the Council did not advertise as well as the parking charge. Without a comprehensive equality analysis, I cannot determine whether he was caused any further injustice.

Agreed action

24. To remedy the injustice caused by the faults identified the Council has agreed to the following recommendations.
• Within one month of the final decision, the Council will apologise to Mr B for the faults identified in this decision statement.
25. Within two months of the final decision, the Council will:
• Amend parking signs in Ladywood to include the extra cost of using the automated phone service to pay for parking.
• Complete an equality analysis for the cashless parking scheme in Ladywood. If the equality assessment finds the Council should take mitigating action to lessen any negative impacts on those with protected characteristics, the Council should create an action plan for completing this work.
26. The Council should provide the Ombudsman with evidence these actions have been completed.

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Final decision

27. I have found fault with the Council which caused Mr B injustice. The Council has agreed to take action to remedy that injustice. I have therefore completed my investigation.

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Investigator's decision on behalf of the Ombudsman