Summary: We will not investigate this complaint about information regarding eligibility for parking permits. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, says the Council gave misleading information about eligibility for parking permits. Ms X says her decision to move to the area was partly based on this assurance she could have a permit.

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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 Council’s website. I also considered our Assessment Code.

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My assessment

4. Ms X does not own a car but uses, with consent, a car her mother has leased. Ms X needs a car for her job.
5. Ms X checked the Council’s website and thought she would be eligible for a parking permit. She then moved to the area. The Council refused her permit application because it decided she does not meet the criteria. Since then, Ms X has received some Penalty Charge Notices (PCN). The Council cancelled one PCN but said it was unlikely to cancel any more if they were issued for the same reason.
6. Ms X complained. She said the website does not say that a leased car must be a company car and it is misleading to say an individual lease agreement will not be accepted. Ms X said she uses the car with her mother’s consent which means she is eligible and said a different council had issued a permit in the same circumstances.
7. In response to the complaint the Council explained why Ms X is not eligible for a permit and it addressed the points she had made. It agreed to review the wording on the website to strengthen the information about company cars.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. I have read the website which reflects the wording Ms X read. The webpage states the applicant must provide proof the vehicle is registered to the home address; Ms X cannot do this as she is not the owner. The webpage says a permit can sometimes be issued when a car is shared but the car must be registered in a permit zone; this does not apply. The webpage also says a permit can be issued for a lease/company car but the applicant must provide proof from their employer. It also says individual lease agreements are not accepted and the Council explained this means only company cars are accepted. Ms X disputes this but she does not have either a personal lease agreement or a company car.
9. Ms X says the website says permits are available to people using a car with consent – which she does. I could not find this point on the website but the Council explained it refers to people using a company car with consent.
10. Ms X thought the information showed she would be eligible for a permit and the Council has agreed to review the wording to reduce any future misunderstandings. But, the overall body of information on the website does not indicate eligibility. Ms X could not show she owns the car or a car registered to her address; she also cannot show she has a personal or company car agreement or that anyone connected to the car has it registered within a permit zone. While the Council has agreed to review the wording, the information viewed by Ms X does not amount to fault requiring an investigation. Further, while Ms X says another council issued a permit, it is for each council to have its own rules and assess applications against those rules.
11. Ms X has received some PCNS. I will not investigate this issue because there is a statutory process Ms X can use if she wants to challenge them.

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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