Summary: We will not investigate this complaint that the Council did not properly explain that a car park would close at 6pm. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, says she was locked in a car park and had to pay a £80 release fee. Mrs X says the Ringo payment app should have a different location code for the car park she used.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.

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What I found

What happened

4. Mrs X parked in an overflow car park. She was aware the main car park closes at 9pm and did not see the signs saying the overflow car park shut at 6pm. Mrs X returned to her car at 6.40pm and had to pay a £80 release fee.
5. Mrs X complained to the Council. She said she had paid using Ringo and thought the overflow car park should have a different location code on Ringo. She said the app told her the car park was open until 9pm.
6. In response the Council explained there are signs at the entrance to the car park which said it closed at 6pm. The letter included a photograph which shows the closing time was clearly displayed. The Council also said the closing time is stated near the ticket machine and the website explains the car parks have different closing times. The Council provided Mrs X with a screenshot of a message that appears on Ringo which says the main car park closes at 9pm but people should check the closing times of other car parks.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. The closing time for the overflow car park is stated at the entrance to the car park, on signs in the car park, and a warning is given on the Ringo app. These measures mean the closing time is properly explained. Mrs X thinks each car park should have a different location code but the fact the car parks are covered by the same code does not amount to fault. This is because the car park closing times are properly notified.

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Final decision

8. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman