Summary: We will not investigate this complaint about a parking service charge as it is unlikely we will find fault by the Council causing Mr X a significant injustice.

The complaint

1. Mr X complains the Council charges an administration fee when motorists use its ‘PaybyPhone’ system to park. Mr X says it is now illegal to charge an administration fee for credit card transactions and that the Council should therefore change its policy.

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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 or injustice to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council advised Mr X that the extra charge levied in addition to the cost of parking is a service charge added by ‘PaybyPhone’ for using its service. The Council says on its website that it does not charge a fee for credit card usage when paying for parking.
7. It is for the Council to decide the details of its policies including whether to expect motorists to meet this extra cost and unless there was fault in the way the Council considered this matter, we cannot be critical of its position. While Mr X disagrees with the policy, he has provided no evidence of fault by the Council in adopting it. I cannot therefore see grounds to investigate.
8. In addition, Mr X does not live in the Council’s area and gives no details of any significant injustice caused to him personally from his complaint. Again, I recognise Mr X is unhappy about the 10p service charge, but in the absence of significant personal injustice, there are not grounds for us to investigate.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council causing Mr X a significant injustice.

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Investigator's decision on behalf of the Ombudsman