Summary: We will not investigate this complaint that the Council cancelled the complainant’s parking permit and will not reinstate it. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council cancelled her parking permit and will not re-instate it or allow her to renew it. Ms X is finding it hard to park without a permit and is receiving Penalty Charge Notices (PCNs). Ms X wants the Council to return the permit and allow her to renew it.

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The Ombudsman’s role and powers

2. We investigate 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and the parking permit rules. I also considered our Assessment Code.

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My assessment

4. The parking permit rules state the Council will not issue a permit, or can withdraw a permit, if the resident has three or more unpaid or uncontested PCNs.
5. Ms X applied for a parking permit in 2023. The Council did not issue a permit because Ms X had 17 unpaid and uncontested PCNs. The Council explained why it could not issue a permit until Ms X had resolved the issue with the PCNs.
6. Ms X said the PCNs were not in her name and said there was no reason why the Council could not issue a permit. The Council explained why it was satisfied it had issued the PCNs correctly and referred to information on her driving licence and information from the DVLA.
7. Ms X applied for a permit in 2024 and paid for it; the Council issued a permit until June.
8. In March the Council told Ms X it had issued the permit in error. The officer again explained that residents with PCNs cannot have a permit. The Council gave Ms X three weeks to deal with the PCNs. Ms X did not resolve the PCNs so the Council cancelled the permit in April.
9. The Council does not normally issue a refund when it withdraws a permit but, as a gesture of goodwill, it provided Ms X with a refund. It also repeated that it cannot process a new permit application until Ms X deals with the PCN.
10. I will not start an investigation because there is insufficient evidence of fault by the Council. I have checked the parking rules and can confirm the Council’s decision to refuse and withdraw the permit reflects the policy so there is no reason to start an investigation. The Council issued a permit in error but the decision not to reinstate it reflects the policy; and, the Council gave Ms X three weeks to deal with the PCNs.
11. Ms X says the PCNs are not in her name. Ms X could have contested the PCNs by following the statutory process and appealing to the parking tribunal. But, as Ms X neither paid nor formally challenged the PCN (by using the statutory process), there is no suggestion of fault in the Council’s decision not to re-issue the permit. Ms X can reapply for a permit once she has less than three unpaid or uncontested PCNs.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman