Summary: We will not investigate this complaint about a parking bay with an electric charging point. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council will not take action against drivers who park in a bay with a charging point when they do not have an electric car.

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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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X complains the Council does not take action against drivers who park in bays which have a charging point when they do not need that facility. Mr X says he often cannot charge his car in his street because the bay is occupied by someone who does need a charging point. Mr X says he has to drive around trying to find a charging point. Mr X also says the white lines are not adequate.
5. The Council explained that the charging point is in a light column next to a residents parking bay. The permit scheme rules say that any driver with a permit can park in a residents bay anywhere in the borough. The Council said it cannot take enforcement action because the bay is not restricted to use by people who have an electric vehicle. The Council said there is pressure on parking and it does not want to reduce the amount of general needs parking by placing restrictions on bays.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. I have checked the permit scheme rules and they confirm that a permit holder can park in any bay regardless of the presence of a charging point. The Council could only act if someone parks in breach of the permit rules. There are no grounds for the Council to place an advisory notice on the car, as Mr X requested, because any permit holder can park in the bay.
7. I appreciate Mr X may disagree with the policy and may think bays with charging points should be restricted. But, it would be for the council, not us, to decide whether to change the rules. Mr X could raise this as a suggestion with his local councillors.
8. Mr X would like the Council to adjust the white lines around the bay. This is a matter for the Council and is not an issue that requires an investigation.

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Final decision

9. 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