The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that she was scammed when paying for her parking in a Council car park. This is because we cannot investigate complaints about crime.
The complaint
The complainant, whom I shall call Mrs X, complains she was scammed whilst using an app to pay for her parking at a Council car park and lost just under £20 as a result.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained she was scammed when she used an app to pay for parking in a Council car park. She lost just under £20 and had to cancel her cards. It caused Mrs X and her daughter a great deal of distress.
The Council told Mrs X it was not responsible for the parking app and refused her request for compensation. The app provider told Mrs X the signage on site advises users to use the app or call its automated site and that its app should only be downloaded from the relevant app store for the user’s phone.
Mrs X has been the victim of crime. The crime has caused her distress, inconvenience and monetary loss. We cannot investigate crime nor can we decide who is responsible for a crime being committed or who is responsible for the injustice this caused Mrs X. Crime is a matter for the police to investigate and ultimately the courts to decide.
Final decision
We will not investigate Mrs X’s complaint because we cannot investigate complaints about crimes or reach a view on who was responsible for a crime being committed.
Investigator's decision on behalf of the Ombudsman