North Yorkshire Council (23 014 200)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 30 Jan 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s refusal to allow two permits to one applicant under its residential parking scheme. There is insufficient evidence of fault which would warrant an investigation.

The complaint

  1. Miss X complained about the Council refusing her a parking permit for each of two properties which she owns. She says she had two permits in the past but now the Council will only allow her to have a permit for one address. She says she spends 50% of her time at each address but the Council is inflexible in how it allocates permits.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

  1. I considered the information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X says she has previously been issued with permits for parking at both her properties which she owns. She says one is a residence above a business and the other is a home address used when the business is closed. The Council has told her that she does not qualify for a permit for one address because it is not in the permit zone for the permit she is using.
  2. Miss X says she lives in both properties for 50% of the time and needs parking available at both locations. The Council says this is not a reason for any exception and that one residence does not qualify under its residents scheme.
  3. When considering complaints, we may not question whether the decision the Council has made is right or wrong or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about a decision where there is no fault. The Council considered Miss X’s complaint reasonably and there is insufficient evidence of any fault in its decision.

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Final decision

  1. We will not investigate this complaint about the Council’s refusal to allow two permits to one applicant under its residential parking scheme. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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