Summary: We will not investigate this complaint about a lack of information from the Council about car park closing times. This is because it is unlikely we could achieve any worthwhile outcome for Mrs X.

The complaint

1. Mrs X complains the Council failed to provide clear and accessible information about car park closing times. She says that as a result she was left stranded when the car park closed with her car locked inside. She wants the Council to reimburse her £35 for the cost of her taxi and £196 for an overnight stay in a hotel.

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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 Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. I appreciate Mrs X was frustrated about the lack of information available about the car park’s closing time, but I have not seen enough evidence to show this directly or unavoidably caused the costs Mrs X claims. I cannot therefore reasonably say the Council must reimburse Mrs X for these costs.
5. Firstly, Mrs X accepts her parking ticket stated the car park “closes in the evening” but she has provided no evidence to show she contacted the Council to query this or to ask for the actual closing time. The Council says this information was available at the car park entrance and that Mrs X could have queried the point with staff at the car park or by calling its contact centre, and I cannot say this is incorrect.
6. It also appears Mrs X did not return to the car park until around 10:20pm, which was well into the evening. She was therefore on notice the car park may have closed prior to her return and could have taken steps to move her car in anticipation of the closure.
7. Ultimately, I consider Mrs X’s claimed losses are too far removed from the fault she claims and it is therefore unlikely investigation could recommend the Council reimburses her costs as she would like.

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Final decision

8. We will not investigate this complaint. This is because it is unlikely we could achieve the outcome Mrs X wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman