Summary: We will not investigate this complaint about a parking permit because there is not enough evidence of fault and there is a body better placed to consider the complaint.

The complaint

1. Mr Y complains the Council has failed to refund two builders parking permits which he did not receive. Mr Y says this means he has paid £200.66 for a service he was unable to use, which he would like to be refunded.

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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
• there is another body better placed to consider this complaint.

(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 Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

4. Mr Y is unhappy the Council has refused to refund the £200.66 he paid for a permit. The Council has said it would refund him but under its policy, which Mr Y agreed to when he ordered the permit under certain conditions. The policy says if a paper permit is no longer required, a refund can be made by the Council as soon as the permit is returned to it. As Mr Y has not been able to return the permit, as he has not received it, the Council has followed its policy and has not refunded the permit.
5. While this may be frustrating for Mr Y, there is not enough evidence of fault to justify investigating the complaint as the Council has followed the terms and conditions as shown on its website in refusing the refund.
6. Further, if Mr Y does wish to receive a refund, he may be able to claim this back from the postal service, as suggested by the Council. As this is free, and the Council has been able to confirm that the permit was posted, this body is likely better placed to consider the lack of delivery than us as it is able to provide the refund Mr Y is seeking, where we would not be able to do this. We will not investigate.

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Final decision

7. We will not investigate Mr Y’s complaint because there is not enough evidence of fault and there is a body better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman