London Borough of Newham (22 016 849)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 29 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s charges for parking permits. The complainant received a free parking permit for two years, despite his car not meeting the engine size for a free permit. This is fault; however the complainant has not suffered any injustice because of this.
The complaint
- The complainant, I shall call Mr X, says the Council failed to tell him that its instructions to give free parking permits for hybrid vehicles which do not have emissions data recorded with the DVLA applies to the first year of the permit scheme only.
- Mr X says it is unfair to charge hybrid and petrol cars the same.
The Ombudsman’s role and powers
- 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 or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered the information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says he was told the Council did not charge for parking permits if the form V5C (logbook) did not contain details of CO2 emissions. His car has a hybrid power source. It is an imported car and the logbook does not contain details of the car’s emissions.
- The service which issues parking permits for the Council gave Mr X a free annual parking permit for two years.
- When Mr X applied to renew his permit for a further year, he was charged £150. He complained to the Council.
- The Council’s website states:
“If your vehicle is a Hybrid (both electric & fuel driven) any permit charge will be based on the CO2 emissions data which is stated on the vehicles V5C document (logbook). If CO2 information is not stated on the vehicles V5C then permit charging will be based on the vehicles fuel engine size.”
- Mr X’s logbook does not include any emissions details. As its’ fuel engine is 2400cc, his car falls within the highest charging tier. The fee for a permit in this tier is £150.
- From the information I have seen Mr X’s car does not meet the criteria for a free parking permit. However, due to an error, he received two annual parking permits at no charge.
- The Council accepts it is at fault. However Mr X benefited from the error in receiving two free parking permits which he should not have had.
Final decision
- We will not investigate Mr X’s complaint because he has not suffered any injustice because of the Council’s error in providing him with two annual parking permits at no charge.
Investigator's decision on behalf of the Ombudsman