Complaint about parking permits in Wigan street 'too late', says watchdog

The Local Government Organisation (LGO) says the Wigan woman had left it too long to complain about the policy because it had been introduced more than 15 years ago.

The complainant, referred to in the ombudsman’s report as Mrs X, wanted the parking permit scheme partially withdrawn so that it did not apply outside her property.

She said that the scheme was not being properly enforced, and that she was not consulted about road markings being repainted outside her home in 2018, an act she deemed to be trespassing.

But the LGO will not investigate the complaint because the policy was enforced so long ago that relevant documents no longer exist.

It added that it was likely no fault would be found with the council’s actions in 2018, and that this was “a matter for the courts”.

The report said: “The council introduced a parking permit scheme covering part of Mrs X’s road more than 15 years ago.

“Mrs X does not agree with the scheme and wants the council to withdraw it, or part of it, so that it does not apply outside her property.

“She complains the scheme is not properly enforced and does not provide value for money. She is also unhappy the council has refreshed road markings on her land without her permission.

“The council re-consulted on the scheme in 2018 and decided on the basis of the responses received that it would continue with it.

“Mrs X disputes the outcome of the council’s consultation as she says it consulted residents on the part of the road where it does not apply.

“She says the scheme does not meet the current criteria and as a result of the parking restrictions the council has issued her a penalty charge notice (PCN).

“The Ombudsman will not investigate this complaint. Mrs X’s concerns about the introduction of the scheme relate to the council’s actions from more than 15 years ago and they are therefore late.”

It added: “The council confirms documentation relating to the decision to implement the parking permit scheme is no longer available due to the length of time that has passed and we could not therefore effectively investigate this point.”

The investigator said that, while Mrs X’s complaint about the 2018 consultation would still be in time, it was for the council to decide who to consult, adding that the decision could not be challenged by the ombudsman.

“It is not for us to decide whether the council’s re-painting of the road markings on land which Mrs X claims ownership of amounts to trespass,” the report said.

“Mrs X confirms she has sought legal advice on this point.

“If she believes the council is not entitled to take this action it would be reasonable for her to take the matter to

court.

“Mrs X has now appealed against the PCN issued by the council and we cannot therefore investigate any complaint about its issue and/or whether the restriction/scheme is enforceable against her.”

The ombudsman concluded that it would take no action because “The substantive issue is late and it is unlikely we would find fault in the council’s more recent actions.

“Mrs X’s concerns about trespass are a matter for the courts.”

The full decision can be read at lgo.org.uk using the reference code 19 017 288