Summary: We will not investigate Mr X’s complaint about the Council’s decision that it will not enforce the parking restriction in front of his garage. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council is refusing to enforce the parking restriction in front of his garage. He says this is causing inconvenience and financial loss.

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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. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. The Council’s parking enforcement guide says it can issue a Penalty Charge Notice (PCN) to a vehicle parked on a H-marking, if the vehicle is blocking a driveway or garage. Where a property has been redeveloped and there is no longer a garage or sufficient space on a driveway for a vehicle to park, enforcement of a H-marking will not take place.
7. In its complaint response, the Council said its view was that the garage was being used for the storage of goods. It said it considered that vehicle access was unfeasible and as the garage was not being used as an accessible parking space, there was not requirement for it to enforce the H-marking.
8. We will not investigate this complaint. I am satisfied the Council has appropriately considered Mr X’s complaint and the evidence he provided before reaching its decision, so we cannot question the outcome. Although I accept Mr X does not agree with the Council’s decision, there is insufficient evidence of fault in how the Council has considered the matter to warrant an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman