Summary: We will not investigate part of Mr X’s complaint about motorcycle parking provision availability in the Council’s area because there is insufficient evidence of fault. We will not investigate Mr X’s complaint about the cost of motorcycle parking because we cannot achieve the outcome he wants.

The complaint

1. Mr X complained about the Council’s provision of motorcycle parking availability and pricing in its area.
2. Mr X said the matter caused him frustration and distress.
3. Mr X wants the Council to review the number of bays available to exclude closed or unsafe sights, implement “fair pricing” for motorcycles, and install ground anchors for high-footfall bays.

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The Ombudsman’s role and powers

4. 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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Availability of motorcycle parking

7. Mr X complained the Council has inadequate provision for motorcycle parking in its area. Mr X also requested more anchor points, sheltered protection and CCTV to enable safer parking for motorcycles.
8. In its complaint response the Council acknowledged there were limited spaces available. It explained the Council does not plan to install more motorcycle parking in the near future due to financial constraints. It said it acknowledged the benefits to this type of transport, but this did not change its views. It told Mr X it would add his comments to its future consultations about parking.
9. We will not investigate this complaint. The Council considered Mr X’s request for additional motorcycle provision but explained its reasons why it would not install these. Relevant councils have statutory powers (an ability to provide) rather than statutory duties (must provide) for parking in their areas. The Council is not required by law to provide a specific number of motorcycle parking bays. Consequently, there is insufficient evidence of fault to warrant an investigation.

Pricing for motorcycle parking

10. Mr X complained the Council charges the same price for motorcycle parking as it does for car parking. Mr X wants the Council to review its pricing.
11. We will not investigate this complaint. The cost of parking is set by the Council. The Ombudsman is not an appeal body and we cannot instruct the Council to lower its pricing. Consequently, we will not investigate this complaint because we cannot achieve the outcome Mr X wants.

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Final decision

12. We will not investigate part of Mr X’s complaint because there is insufficient evidence of fault. We will not investigate the remainder because we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman