Summary: We found fault on Mr D’s complaint about the Council’s decision to withdraw parking permits for residents on his road, which caused him stress as he had to find somewhere else to park. The Council accepted this decision was wrong. The agreed action remedies the injustice caused.

The complaint

1. Mr D complains about the Council recently deciding to withdraw parking permits for residents on his road which it claimed it previously only issued in error: as a result, he now has the stress of finding somewhere to park, which is difficult because of controlled parking zones in the area.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered all the information Mr D sent, the notes I made of our telephone conversation, and the Council’s response to my enquiries. I sent a copy of my draft decision to Mr D and the Council. I considered their responses.

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What I found

5. Mr D bought his house more than 20 years ago. At the time, he said he contacted the Council’s predecessor about parking as the private road the house is on is very narrow. Its narrowness makes it unsuitable for parking. He claimed he was told he would receive a parking permit, for an annual fee of £31, which would allow him to park on neighbouring controlled parking zone roads. He received his permit over the following years until November 2023.
6. The Council then sent him a letter which explained he had only received a permit due to an error. This meant neither he, nor other residents on the road, could buy or renew any type of parking permit for the surrounding roads in the controlled parking zone. Mr D could use his current permit until it expired in April 2024.
7. The Council explained it had no jurisdiction over his road as it was a private road. To be eligible for a parking permit, Mr D needed to live at an address within the controlled parking zone, which he does not. Nor would the Council adopt his road, as he suggested, as a way to resolve the problem. The Council set out various options for him and named nearby roads which were not within the controlled parking zone. Mr D then had to park his car further away from his house to avoid getting a fine.
8. Following our investigation, in September 2024, the Council offered Mr D a residential parking permit free for 12 months. The Council explained the reason for this decision was it discovered an administrative error. An officer overlooked the Traffic Regulation Order which confirmed Mr D’s street was within the controlled parking zone. This meant he was eligible for a parking permit after all.

My findings

9. I found fault on this complaint. This is because:
1. the Council wrote to Mr D in November 2023 and told him he had received a permit for years due to an error. This was incorrect; and
2. the Council did not realise this decision itself was wrong until September 2024. At this point, it realised the decision was made due to an administrative error.
10. I am satisfied the identified fault caused Mr D an injustice. This is because he could not apply for a permit after April 2024. This meant for five months, until the Council changed its mind, he could not park on the nearby roads which were in the controlled parking zone. This caused him some distress (inconvenience and frustration).

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Agreed action

11. I considered our guidance on remedies and the action the Council has already taken.
12. The Council agreed to take the following action within four weeks of the final decision on this complaint:
1. Send Mr D a written apology for wrongly telling him he was not entitled to apply for a parking permit.
2. Pay £100 to Mr D for the injustice caused.
3. Contact other residents on his road who were also wrongly told they were no longer able to apply for a permit and i) notify them that they are eligible and ii) offer them a free permit for 12 months.
13. The Council should provide us with evidence it has complied with the above actions.

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Final decision

14. I found fault on Mr D’s complaint against the Council. The agreed action remedies the injustice caused.

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Investigator's decision on behalf of the Ombudsman