Summary: We will not investigate this complaint about the Council’s decision not to refund the cost of Miss X’s parking permit. The Council’s terms and conditions clearly state annual parking permits are non-refundable under any circumstances. There is not enough evidence of fault in the Council’s handling to justify our involvement.

The complaint

1. Miss X complains the Council will not release her from a Direct Debit agreement to pay for an annual carparking permit. Miss X says the Council should take account of her exceptional circumstances. She also complains about difficulties with initially contacting the Council about this issue and the way it has dealt with her complaint. She wants the Council to make an exception in her case.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has explained to Miss X its terms and conditions for annual parking permits clearly state payment is non-refundable in any circumstances. The Council’s online application portal for parking permits also explains cancellation of Direct Debits for annual permits will result in the Council pursuing the outstanding debt through legal action. The Council’s guidance to residents is explicit in explaining there are no circumstances under which it will refund or waive charges for annual parking permits part way through the year. Because of this, there is no evidence of fault in the way the Council has dealt with Miss X’s request.
6. The Council has also apologised for the difficulties Miss X initially experienced in trying to contact the relevant team to discuss her annual parking permit. The Council says it has since updated its contact details for the relevant team. There is nothing more we could achieve on this issue by investigating further.

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Final decision

7. We will not investigate Miss X’s complaint because there is no evidence of fault in the Council’s handling. In addition, we will not consider the Council’s complaint handling when we are not investigating the substantive issue.

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Investigator's decision on behalf of the Ombudsman