Summary: We will not investigate this complaint about an alleged lack of clarity regarding parking permit renewals. This is because there is insufficient evidence of fault by the Council and it is unlikely an investigation would lead to a different outcome.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a lack of clarity in the information about parking permit renewals.

Back to top

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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and information about the parking permit renewal process. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

Back to top

My assessment

4. Mr X complained to the Council that his permit expired and did not auto-renew. Mr X had received a Penalty Charge Notice (PCN) which he said he would challenge using the set process. He said the permit system is not fit for purpose and the reminders do not say the permit will not auto-renew.
5. The Council explained the permits auto-renew three times in a year (every three months) but the fourth time a manual renew is needed because the resident must upload documents to show they still qualify for a permit. The Council said it is the responsibility of the permit holder to renew before the permit expires.
6. I asked the Council for some additional information. The Council said information about auto-renewal is not included in the web-pages but the auto-renewal limit is stated on the application form. I have seen screenshots which show the application process states how many more times the permit will auto-renew. The Council also said it will shortly be changing the terms and conditions and this information will be added.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council and it is unlikely an investigation would lead to a different outcome. The Council does tell people the auto-renew option is time limited. It would be better if this was also explained elsewhere but this is something the Council has already decided to do so an investigation is not needed.
8. Mr X has referred to a press article about people in another part of the country not receiving permit reminders. He says this indicates his complaint is not an isolated case. However, the article refers to reminders rather than auto-renewal and relates to a different area; any problem that might exist elsewhere does not mean we need to investigate Newham Council.
9. Mr X has made comments about various shortcomings he perceives with the permit system. I acknowledge Mr X’s views but I have not seen anything which suggests we need to start an investigation.
10. Mr X received a PCN, which he blames on a lack of clarity, but as he has appeal rights to a tribunal this is not something I can comment on. We expect people to use whatever appeal rights are available and Mr X can use those rights and, if appropriate, challenge the PCN based on his views about the renewal process.

Back to top

Final decision

11. We will not investigate because there is insufficient evidence of fault by the Council and it is unlikely an investigation would lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman