Summary: We will not investigate this complaint about a parking payment machine because there is not enough evidence of fault by the Council to justify investigating.

The complaint

1. Mr Y complained the Council failed to cover up a car park pay machine, which led to him being the victim of a scam in which £1,500 was stolen from his bank account.
2. Mr Y says he has experienced sleepless nights because of the scam.

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The Ombudsman’s role and powers

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

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y became the victim of a theft from his bank account, costing him £1,500. He complained to the Council after he became aware of the crime, because at the time the money was taken, he says it was not clear that the payment machines in a car park were not in use, and a person directed him to pay for parking incorrectly so they could take his money. Mr y says if the Council had covered up the payment machine or put up signs to say it was not in use, he would not have fallen victim to the scam.
6. The Council responded to Mr Y’s complaint, explaining that it had covered over the machines and put up signs in its car park to direct to a payment by phone and to explain that the machines were not in use. It referred to the stranger Mr Y had met and who had directed him to the incorrect details to pay as a likely suspect in the theft. It declined to reimburse the money taken from Mr Y’s bank account.
7. Mr Y has been a victim of a theft. The Council says it covered the machines and put up signs but these were removed by criminals in order to facilitate the theft. As the Council is not responsible for the theft and took action to show the payment machines were not in use, which were then interfered with by criminals in order to commit crime, there is not enough evidence of fault to justify investigation. We will not investigate.

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Final decision

8. We will not investigate Mr Y’s complaint because there is not enough evidence of fault by the Council to justify investigating.

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Investigator's decision on behalf of the Ombudsman