Summary: We will not investigate this complaint about the Council’s failure to take sufficient action over pavement parking in Mr X’s town. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to take action over his reports of pavement parking in the town where he lives. He says vehicles parked on pavements cause obstruction to pavement users such as those with pushchairs, wheelchairs and mobility scooters. He also says he is partially sighted and has had difficulties passing inconsiderately parked vehicles.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X says he has reported evidence of vehicles parking on pavements in different parts of his town and has provided photographic evidence of the incidents. The Council told him that it has enforcement officers in its areas but it is not an on-demand service and offences have to be witnessed by an officer for penalties to be issued.
6. Parking on footways and pavements is not an enforceable offence apart from in Scotland and London Boroughs. Outside these areas it cannot be enforced against unless an obstruction is taking place, such as blocking access to premises or homes. In these cases, a police officer can issue a fixed penalty notice. Councils can issue penalty charge notices (PCN’s) for parking where there are parking restrictions in place, such as double yellow lines provided under a traffic regulation order.
7. Some of the evidence Mr X submitted shows delivery vehicles parked on yellow line restriction whilst undergoing delivery activity. Some of these activities may be legal if delivery and loading are exempted, in others they may not be exempted but if they only last a limited time there may be no officers on site to issue a warning or a notice.
8. The incidents Mr X has reported are no different to those occurring throughout the country on any given day and highway authorities have limited resources to enforce all the traffic and parking restrictions within their areas. We would not expect any authority to be able to enforce the restrictions in all parts of its area at a given time. We can only consider the incidents which have caused personal injustice to Mr X and not those which may be occurring in other parts of the area.

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Final decision

9. We will not investigate this complaint about the Council’s failure to take sufficient action over pavement parking in Mr X’s town. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman