Summary: We will not investigate this complaint about the Council’s failure to act to prevent a car owner from persistently breaching parking regulations. The complainant recognises the Council regularly issues Penalty Contravention Notices for the car and the Council has confirmed it will publicise details when a vehicle impound and removal scheme comes into operation. There is not enough evidence of fault in the Council’s actions.

The complaint

1. Mr X complains the Council has failed to act to prevent a persistent offender from illegally parking their car in a restricted parking area.
2. He says this increases the risk of accidents, undermines the effectiveness of parking regulations, and causes inconvenience to all road users in the area.

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The Ombudsman’s role and powers

3. 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))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In his complaint to the Council, Mr X recognises the Council issues Penalty Charge Notices (PCNs) to the owner of the car in question, as these are attached to the car.
7. The Council has advised Mr X it is working towards an impound and removal service to deal with persistent parking offences.
8. I appreciate Mr X is dissatisfied with the Council’s response and wants it to take further action. But I will not start an investigation because there is not enough evidence of fault by the Council.
9. The Council responded appropriately by issuing PCNs for breaches of parking regulations. It has confirmed it will provide information when an impound and removal service come into action. I understand Mr X disagrees with the Council’s response but this does not mean there was fault in the way the Council responded.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman