Summary: We will not investigate this complaint about a refund of a parking charge as it is unlikely we will find fault by the Council.

The complaint

1. Mr X complains the Council has refused to refund a parking fee he paid when he was issued with a parking penalty charge notice (PCN) that he then also paid. Mr X complains the Council has no set policy about issuing such refunds and that it has demonstrated a complete lack of care and inflexibility. Mr X considers his complaint raises a fundamental point of justice.

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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 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X is unhappy that in its stage one complaint response, the Council told him it did not give refunds for parking sessions once they had been purchased but in its stage two response, it said that refunds may be given in exceptional circumstances.
6. We will not investigate as it is unlikely we will find fault by the Council in respect of its decision not to refund Mr X the £6 fee he paid to park. Additionally, this does not represent a level of personal injustice to Mr X that warrants our further involvement.
7. That the Council expanded on its position in its stage two response is not an indication of fault. Rather it shows that the Council properly exercises its discretion in considering whether exceptional circumstances might apply on a case-by-case basis. I do not agree therefore that Mr X’s complaint raises a fundamental point of justice.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council and Mr X’s personal injustice is not sufficient to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman