Summary: We will not investigate Mr X’s complaint about an excess charge notice issued by the Council for a parking contravention. This is because there is not enough evidence of fault by the Council and the amount of the excess charge notice is not significant enough to warrant investigation.

The complaint

1. Mr X complains about an excess charge notice (ECN) issued by the Council for parking in a council car park without paying. He has now paid the ECN but says he cannot afford it.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. Mr X parked in a council car park but when he paid for parking he input his vehicle registration number (VRN) rather than the VRN of the car he was driving, which was a courtesy car. The Council therefore issued him an ECN as its records showed no payment for the courtesy car although it was parked in the car park.
5. I appreciate Mr X is frustrated by this but the ECN was not the result of any fault by the Council but of his error. We cannot therefore recommend the Council cancels the ECN or refunds Mr X’s payment. The amount of the ECN- £100- is also not significant enough to warrant investigation.

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Final decision

6. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show the Council’s actions caused Mr X significant injustice.

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Investigator's decision on behalf of the Ombudsman