Summary: We will not investigate this complaint about parking because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains about the Council’s response after he reported businesses that treat public parking spaces as their own.

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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 which includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. There are some business premises where the rear wall backs on to some public parking spaces. The bays are unrestricted. A couple of the business occupiers have painted ‘no parking or loading’ signs on the wall. These are not proper signs but look like graffiti. Mr X says there have been confrontations when he has tried to park in the bays.
5. Mr X contacted the Council. He says the Council should protect public spaces and he wants the Council to ask the businesses to remove the signs and to make it clear they are public parking spaces.
6. In response the Council said the parking bays are not part of the car park and anyone can park in them. It explained the wording/sign is on a private wall and the Council does not usually remove graffiti from private property. It also said it would need permission from the owner to remove it. The Council signposted Mr X to the police to report obstructive parking and provided details of its anti-social behaviour team. The Council said it would reinstate the yellow lines in front of the bays.
7. Mr X is disappointed by the response and wants the Council to make it clear the bays are for public use.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. It responded to Mr X and explained why it would not take any action. I have not identified any fault in that response. Anyone can park in the bays and, if anybody tries to prevent Mr X from parking, that is a civil matter he can report to the police or the Council’s anti-social behaviour team. The sign is clearly not a proper traffic sign and would probably more correctly be described as graffiti. Most people would, I think, be aware the sign is not enforceable and any attempt to prevent parking would, as I say, be a matter for the police.
9. I appreciate Mr X feels frustrated, but I have not seen anything to suggest we need to start an investigation.

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Final decision

10. 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