Summary: We will not investigate this complaint about the Council’s introduction of restrictions for overnight parking by motorhomes. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council introducing restrictions by way of overnight charges for campervans and motorhomes in his area. He says that his motor home is under the 3500kg limit and that it should be treated as a car according to the legislation.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he is facing restrictions on where he can park his motorhome because the Council has introduced new parking restrictions in the area. He says the increased charges for overnight parking for motor homes and caravans should not apply to his vehicle because it weighs less than 3500kg.
6. The Council has explained to him that the ordinary day charges are for cars, motorcycles, invalid carriages and goods vehicles under 3500 kg. His motorhome may weigh less than the 3500kg limit for goods vehicles but it is not in the same class under the legislation or under the interpretation of the Order which was issued. Caravans and motorhomes are adapted for habitation and can be used for different purposes other than being parked when the owner is absent.
7. Just as the Council, which is the highway authority, may make exemptions to the restrictions for some types of vehicles, it can make separate charges for different classes of vehicle referred to in the order.
8. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
9. There is no evidence to suggest that the order was made incorrectly or that the signs provided are illegal and unenforceable as Mr X claims.

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Final decision

10. We will not investigate this complaint about the Council’s introduction of restrictions for overnight parking by motorhomes. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman