Summary: We will not investigate this complaint about the Council’s parking residents scheme. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complained the Council excluded an area from its resident parking scheme. He said the Council repeatedly fined him for parking near his home. He said it caused him distress and financial pressure. He wants the Council to review the parking scheme to make it fair for people who live in the city centre.

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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 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))
3. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.

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How I considered this complaint

4. I considered information from the complainant and the Council and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council did not include his street in its residents’ parking scheme and asked the Council to review its parking permit policy.
6. In its response the Council said it reviewed the boundary in 2021 in line with its Birmingham Transport Plan. It said it did not include Mr X’s street in the scheme because the plan aims to reduce car dependency and congestion as well as priorities sustainable transport and regeneration.
7. The Council is entitled to decide which areas it includes in its parking scheme, and it clearly explained its reasons to Mr X. Therefore, there is not enough evidence of fault to warrant the Ombudsman’s involvement.
8. Mr X said the Council repeatedly fined him for parking near his home. The Council said Mr X should adhere to the parking restriction in place to avoid fines. If Mr X disagrees with the fines he could appeal to them through the Council’s appeals process. Following that, he could appeal to the Traffic Penalty Tribunal.

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Final decision

9. We will not investigate this complaint because there is not enough evidence of fault to warren out involvement.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman