Summary: We will not investigate this complaint about the Council’s response after the complainant reported difficulties using her driveway due to parked cars. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains about the Council’s response after she reported difficulties accessing her driveway due to parked cars on the opposite side of the road.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

Back to top

My assessment

4. People should not park in front of a dropped kerb. There are no restrictions on someone parking opposite a dropped kerb on the other side of the road.
5. Councils can only take enforcement action if there are parking restrictions (for example, yellow lines). The introduction of parking restrictions require a Traffic Regulation Order (TRO). This is a lengthy and expensive process which includes consultation with residents; a TRO might not be approved without majority support for the proposal.
6. Ms X has a dropped kerb. She asked the Council to take enforcement action because cars sometimes park opposite her drive, on the other side of the road, making it hard to use her drive. Ms X says she has sometimes been unable to leave her drive due to cars parked on the opposite side of the road.
7. In response the Council said it cannot take any enforcement action because there are no parking restrictions. It offered an advisory H bar over her dropped kerb which might assist. It also said she could contact the police if a parked car is causing an obstruction. The Council said it would keep her request on file but it does not currently have the budget for minor schemes.
8. Ms X is dissatisfied with the response. She says the police do not have the time to deal with such issues and she does not think an H bar would help as it is not her driveway which is obstructed but the area opposite.
9. I acknowledge this is a frustrating issue for Ms X and she has explained why, at times, it is important she can exit her drive quickly. But, I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X made a service request which the Council considered and then explained why it could not agree. It made alterative suggestions and, while Ms X may not think they are helpful, the suggestions do not amount to fault. It is correct the Council cannot take enforcement action because there is nothing to enforce and drivers are not parking unlawfully when they park opposite Ms X’s drive. The Council does not have the funds for a TRO and, even if it did have the money, there is no guarantee parking restrictions would be installed because it is not known if the majority of residents would support the introduction of restrictions.
10. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

Back to top

Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman