Summary: We will not investigate this complaint about the Council’s decision not to issue another car park season ticket. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not let him buy another car park season ticket. Mr X says there is no alternative long-stay parking in the area.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and the planning consent. I also considered the Ombudsman’s Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. The Council granted planning consent for property A in 2014. The consent includes the condition that the tenancy agreement must preclude tenants from keeping or using a private car. A sample tenancy agreement submitted by the developer said the tenant must not keep or use a car within the city. This tenancy condition is permanent.
5. Mr X rented a flat in property A. He has a car and from August 2021 until early 2022 he bought a season ticket to allow long-term parking in a Council car park. His tenancy agreement says he cannot park a car within the grounds of property A.
6. In February the Council told Mr X it would not issue any more season tickets because he lives in a car free development where car ownership is not permitted.
7. In response to his complaint the Council explained about the planning decision and the need for the car parking policies to reflect that. It confirmed he could not buy another season ticket. The Council said the restriction should have been explained by the landlord and the Council should have refused the season ticket when he first applied.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council should have refused Mr X’s first application for a season ticket and I do not know why tickets were initially granted. But, there is no fault associated with the current refusal due to the car free nature of the development and because the planning consent requires the tenancy agreement to prohibit car ownership. The restriction on ownership does not appear to be stated in Mr X’s tenancy agreement as it only refers to not parking in the grounds of the property. But, the Council is not the landlord and did not write Mr X’s tenancy agreement. The Council granted planning permission with a condition that car ownership is not permitted and its decision about season tickets reflects that decision. Mr X was unaware of the prohibition and I appreciate he is in a difficult position but this is not due to fault by the Council.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman