Summary: We will not investigate this complaint about an incident in a car park. This is because there is insufficient evidence of fault causing injustice.

The complaint

1. The complainant, Mr X, complains about an incident in a car park which meant he had to pay extra for his parking. Mr X wants a full refund.

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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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

(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 Mr X. This includes the complaint correspondence. I also considered the Council’s Parking Order and our Assessment Code.

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My assessment

4. Mr X paid £4 for his parking in a car park but, because he was distracted by helping someone else, he left the ticket in the payment machine. When he approached the barrier to leave the car park, he realised he did not have the ticket. Mr X says he had to pay the full amount for a day’s parking and says the member of staff was rude and sarcastic.
5. Mr X complained to the Council and asked for a full refund. In response the Council apologised for the conduct of the staff member and said the issue would be addressed as a disciplinary issue. The Council referred to the 2020 Parking Order which says that if, for whatever reason, the driver cannot produce a ticket they must buy a ticket for a full day of parking. The Council expressed sympathy with Mr X’s position and recognised he had paid the initial charge; but it said it could not issue a refund as the additional charge was correct. The Council said it may change the system in the future and abandon the use of tickets at the barriers.
6. I will not start an investigation because there is insufficient evidence of fault causing injustice. Mr X paid £4 and I estimate he had to pay an extra £12 for the day rate; but, the Council’s decision not to make a refund reflects the policy so there is no reason to start an investigation. Further, the Council apologised for the conduct of the staff member and explained it would be addressed; this was an appropriate response to that part of the complaint.
7. I can understand Mr X’s sense of grievance, and he says he is in financial difficulty, but a dispute about less than £15 does not represent a degree of injustice requiring an investigation. In addition, the Council’s apology and reference to the disciplinary process is a satisfactory response.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman