Summary: Mr X complains the Council charges him more for a residents parking permit then it does his neighbour. The Ombudsman will not investigate this complaint. This is because it is late. And we are unlikely to find fault in the Council’s actions.

The complaint

1. Mr X complains the Council charges him £120 per year for a residents parking permit. But it only charges his neighbour £25.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault; or
• we cannot achieve the outcome someone wants

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

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How I considered this complaint

4. I considered the information provided by Mr X and information on the Council’s website.

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What I found

5. The Council basis its charges for residents parking permits on CO2 emissions. It website says:

“Vehicles that were first registered before 1 March 2001 are charged according to the engine size (CCs). Vehicles registered after 1st March 2001 are charged according to its emission category (g/km).”

“Vehicle type – CO2 emission (g/KM) or vehicle type:
Up to 100g/km £25
101 – 170g or up to 1549cc £45
170g or over 1549cc £140”

6. Mr X first complained to the Ombudsman about this in 2017. He was referred to the Council for consideration under its complaints procedure.
7. The law says the Ombudsman cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. However, we can exercise discretion if there are good reasons to do so.
8. In this case Mr X first complained to us in 2016. So, he has been aware of the matter for more than 2 years. Therefore, his complaint is late
9. I have considered whether to exercise discretion and investigate this complaint even though it is late. There are two and half years between when Mr X was told to complain to the Council and him complaining to us now. I have not seen any evidence that he pursued his complaint in the intervening period about this issue.
10. Also, the Council’s website explains the basis for its charges for parking permits and it is unlikely we will find fault.

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Draft decision

11. I will not investigate this complaint. This is because it is made too late and we are unlikely to find fault in the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman