Surrey County Council (24 011 670)

Category : Transport and highways > Parking and other penalties

Decision : Closed after initial enquiries

Decision date : 28 Nov 2024

The Ombudsman's final decision:

Summary: We will not investigate Miss X’s complaint about the Council’s decision to revoke her resident’s parking permit which had previously been issued in error. This is because there is no sign of fault in the Council’s decision to revoke the permit.

The complaint

  1. Miss X complains that the Council has revoked her resident’s parking permit which she previously held for eight years.

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The Ombudsman’s role and powers

  1. 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 or continue 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

  1. I considered information provided by the complainant.
  2. I considered the Council’s published processes and terms and conditions.
  3. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X was issued a resident’s parking permit in 2016, which was issued in error by the borough council previously responsible for issuing permits on the Council’s behalf. Miss X’s address is not eligible for a resident’s parking permit.
  2. The Council became aware of the error during 2024 after it became responsible for issuing residents’ parking permits, and informed Miss X that her permit would no longer be valid after August 2024.
  3. Miss X complained to the Council, highlighting the lack of available parking nearby. The Council explained that its decision to revoke the permit was correct as Miss X’s property is not eligible for a resident’s parking permit, whilst acknowledging that the borough council had issued the previous permit in error.
  4. Whilst I acknowledge Miss X is dissatisfied with the Council’s decision there is no evidence of fault in the Council’s decision as she does not qualify for a permit under the current scheme.
  5. There was fault by the borough council in granting Miss X’s initial application for a permit in 2016. The County Council was entitled to correct the error once it became aware of it.

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Final decision

  1. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to continue to provide Miss X with a parking permit as she does not qualify for one.

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Investigator's decision on behalf of the Ombudsman

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