Summary: We will not investigate the Council’s decision to cancel the complainant’s parking permits. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council cancelled the parking permits for his vans. He wants the Council to re-instate at least one permit.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered the terms and conditions for parking permits. I invited Mr X to comment on a draft of this decision.

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What I found

Parking permits – terms and conditions

4. The rules say a vehicle must not exceed 2.3m in height and 5.25m in length.

What happened

5. The Council issued Mr X with two parking permits in 2015. Mr X used the permits for two vans which he uses for work.
6. In January 2020 a neighbour complained that the vans were blocking light. The Council inspected the vans and found they are 2.6m high and 5.8m long. The Council cancelled the permits in May because the vans exceed the height requirement.
7. Mr X appealed in May. The Council replied in October and confirmed the decision to cancel the permits was correct because his vans exceed the height requirement. The Council apologised for the delay in replying to the appeal.
8. Mr X disagrees with the Council’s decision. He now has to park a long way from home, pay £415 a month, and the parking problems are having a negative impact on his business. He wants the Council to re-instate at least one permit. He would park away from the neighbour who complained and at a location which would not cause problems.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The rules state a vehicle is eligible for a permit if its height is less than 2.3m. Mr X’s vans are 2.6m high. I appreciate the removal of the permits has caused problems for Mr X but the Council’s decision is consistent with the policy so there is no reason to start an investigation. We do not act as an appeal body and cannot intervene because a council makes a decision that someone disagrees with.
10. It is unfortunate the Council took so long to reply to the appeal but as it confirmed the original decision this does not need an investigation.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman