Summary: We will not investigate Mr X’s complaint about the Council stalling on refunding him the cost of parking permits which were not required. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X and others similarly affected.

The complaint

1. Mr X complains the Council stalled on refunding him the cost of parking permits which were not required.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained about the parking permit distribution on his estate.
6. In response to his complaint, the Council explained there was a change in the parking strategy partway through development of his estate. The original plan was for all properties to have street parking, and so the planning application had included a requirement for a traffic regulation order (TRO) to implement parking permits. However, most properties were later redesigned with on curtilage parking. This was why some residents were not eligible for permits, while others were. The Council accepted the TRO was never fully implemented.
7. The Council also explained the county council was the appropriate body to revoke the TRO. The Council said it had paid for the works needed to revoke the TRO in December 2023, and the process would take approximately six months.
8. The Council apologised and agreed to refund Mr X the total cost of the parking permits he had paid for. It also agreed to make a payment of £100 to recognise the frustration and time and trouble caused. I am satisfied this offer is appropriate to remedy the injustice caused by the fault accepted.
9. It is recognised that there might be other residents similarly affected by the matter. We therefore asked the Council to write to all residents that might be affected by this matter to make them aware of the situation and to invite them to apply for a refund.

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Agreed action

10. To its credit, the Council agreed to resolve the complaint and confirmed it was in the process of identifying other residents who were similarly affected and will write to these residents to offer full refunds. The Council agreed to complete this within four weeks of the final decision.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X and others similarly affected.

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Investigator's decision on behalf of the Ombudsman