Summary: Ms X complained the Council failed to properly consult about the inclusion of a small parking area in a Controlled Parking Zone (CPZ) before it came into force in 2019. Ms X said her and other residents only became aware of its inclusion in 2023 when the Council started issuing Penalty Charge Notices (PCN). The Council was not at fault for issuing Ms X with a PCN. It notified Ms X and other residents of its inclusion by letter and the parking area was included on maps when the CPZ went live in 2019.

The complaint

1. Ms X complained the Council failed to properly consult about the inclusion of a small parking area in a Controlled Parking Zone (CPZ) before it came into force in 2019. Ms X said the area was not included in the original consultation documents and the inclusion only came to light in 2023 when the Council suddenly started issuing Penalty Charge Notices (PCNs).
2. Ms X said the matter has caused confusion, distress and financial loss.

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The Ombudsman’s role and powers

3. 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)
4. If we are satisfied with an organisation’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 Ms X’s complaint and the information she provided.
6. I considered the Council’s response to my enquiry letter.
7. Ms X and the Council had an opportunity to comment on the draft decision. I considered comments before making a final decision.

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What I found

Relevant law

8. Controlled Parking Zones (CPZs) are areas in which, during specified controlled times, every length of street is subject to either a restriction on parking/waiting or is a permitted parking place. If councils wish to control parking in an area, they must do so using a traffic order. 
9. The Road Traffic Regulation Act 1984 allows Councils to introduce Traffic Management Orders (TMO) and CPZs. The procedures for creating a TMO are in the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996.
10. Councils will often carry out some consultation in the area before deciding to make a TMO. However, unless a council says otherwise, consultation is not a referendum. The decision to make a TMO is for the council.

What happened

11. In 2017 the Council gave notice of an intention to make a TMO for a CPZ in the area where Ms X lives. The CPZ would mean residents including Ms X would need a residents’ parking permit to park in the areas covered by the CPZ.
12. In 2018 the Council sent residents a letter outlining the proposals which included a link to a map which outlined the area the CPZ would cover. The 2018 map showed the entrance road to Ms X’s estate would be covered by the CPZ however a small car parking area near some garages, according to the map at the time, was not covered. The Council carried out a formal consultation on the proposals in May 2018.
13. In May 2019 the Council wrote to residents again informing them that the CPZ would go live in June 2019. The letter again included a link to a map which showed which areas would be covered. The Council said during the design of the scheme it had updated the map to include the small parking area within the CPZ.
14. The CPZ went live in June 2019.
15. Ms X said she continued parking in the small area for the next few years believing it was not covered by the CPZ, as shown on the initial 2018 consultation documents. The Council carried out no enforcement between 2019 and mid-2023.
16. In June 2023 Ms X and some other residents received a Penalty Charge Notice (PCN) for parking in the small parking area without a permit.
17. Ms X complained to the Council about the PCN. She said she had used the parking area without a permit for a number of years and said the area was not included on the initial consultation maps of the CPZ in 2017/2018. She said she had now seen more recent maps which showed the parking area is included in the CPZ but said residents were never consulted about it. Ms X asked the Council to clarify the matter.
18. The Council responded to Ms X and said all affected residents received a letter prior to the scheme going live which included a link to a map. It said signage was at the entrance to the estate informing residents of the CPZ.
19. Ms X escalated her complaint to stage two of the complaints’ procedure. The Council provided a final response where it confirmed the CPZ covering the parking area came into force in June 2019.
20. Ms X remained unhappy and complained to us.

The Council’s response to us

21. The Council confirmed the parking area was not included in the initial consultation during 2018. However, it said following this it was included on the maps in the design stage before the scheme went live. The Council said residents were sent letters prior to the scheme going live and maps on its traffic web page showed the parking area covered by the CPZ.
22. The Council was unsure why no enforcement was carried out in the area prior to 2023. It said it would consider putting in more signage to resolve any future confusion, although there was no obligation to do so.

My findings

23. The Council confirmed the parking area subject to this complaint was not included in the initial consultation documents but was however added in the design stage. The addition of the small parking area was, on balance, not a significant enough change to the scheme which would mean the Council should have re-consulted. It was for the Council to decide the final area of the CPZ and there was no fault in the Council making adjustments to the maps following consultation and before the scheme went live.
24. The evidence shows the small parking area was included on maps dated prior to the scheme going live. Ms X and other residents were made aware by letter of how they could check the CPZ prior to the scheme going live.
25. The Council did not enforce the CPZ between 2019 and 2023, however that does not mean it was fault to start doing so during 2023. Ultimately the Council issued Ms X with a Penalty Charge Notice under a live CPZ and so, was not at fault. It would have been open for Ms X to appeal the Penalty Charge Notice at the time.

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Final decision

26. I completed this investigation as I have found no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman