Summary: We will not investigate this complaint about a charge incurred as part of the bike hire scheme. This is because there is insufficient evidence of fault by the Authority.

The complaint

1. The complainant, whom I refer to as Ms X, says she should not have to pay the remainder of a charge incurred under the bike hire scheme. She wants the Authority to waive the rest of the charge.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Authority. This includes the complaint correspondence and information on the Authority’s website. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

Back to top

My assessment

4. The rules for the bike hire scheme say people must return the bike to a docking station and wait for the green light. If the bike is not properly returned, as shown by the green light, the Authority will make further charges up to a maximum of £300. If the bike is later returned the Authority can refund £206 of the charge.
5. Ms X hired a bike in October. She says she had difficulty returning the bike because the docking station was close to the road and she had to avoid a bus.
6. The Authority’s records show the bike was not returned and is missing. The Authority has charged Ms X £300. Ms X has made a partial payment. She wants the rest of the charge dismissed because she has health issues and cannot afford to pay. Ms X thinks she returned the bike correctly.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Authority. The rules say the Authority will charge up to £300 if a bike is not returned. Ms X hired a bike in October and it has not appeared on the Authority’s system since then. The rules also say it is the responsibility of the customer to dock the bike correctly and to check for the green light. Ms X thinks she docked the bike but she does not say she recalls seeing the green light. The Authority has acted correctly by charging Ms X because the bike has not been seen on the system since Ms X hired it. We are not an appeal body and have no power to ask the Authority to waive the fee in the absence of any evidence that the Authority has done anything wrong.

Back to top

Final decision

8. I will not investigate this complaint because there is insufficient evidence of fault by the Authority.

Back to top

Investigator's decision on behalf of the Ombudsman