Summary: We will not investigate this complaint about the Council’s failure to display full details about parking charges on its car park signs. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to display details of charges added for using a phone app for payments. He says he only became aware of the additional 20p charge once he had made payment. He believes the Council should make users aware of the charge in advance.

Back to top

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 injustice is not significant enough to justify our involvement.

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

Back to top

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.

Back to top

My assessment

5. Mr X says he paid for parking in a council car park by phone because the ticket machines were inoperable that day. He was notified of a charge for using the app once he had made the payment. He believes this is a hidden additional charge and that the Council should clearly notify the public of this before any payment is made.
6. The Council says the chare is made by the third-party app provider and is not part of the contract terms displayed about cash payments. The Council’s website which provides information about how to sign up for the app explains that there is a 20p charge for the payment and an additional 20p charge if the payee opts for a discretionary text reminder of when the payment period is due to expire.
7. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. In this case Mr X could have found the information on the Council’s website and 20p is not sufficient personal injustice to warrant an investigation.

Back to top

Final decision

9. We will not investigate this complaint about the Council’s failure to display full details about parking charges on its car park signs. There is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman