The Ombudsman's final decision
Summary: We will not investigate this complaint about an incident in a car park because there is insufficient evidence of injustice.
The complaint
The complainant, Mr X, complains the Council will not provide a refund and compensation after he was trapped in a car park due to a problem with the barrier.
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 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: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Mr X had difficulties leaving a car park because the barrier would not lift. He also says there were problems with the payment card reader. Mr X had to drive over the pavement, in a tight space, to leave the car park. Mr X complained and asked for a £4.40 refund of the parking charge. He said the Council had not provided an acceptable level of service in terms of payment, being able to leave, and being able to access help.
The Council apologised for the problems in the car park and said it was working with the suppliers to stop the issues being repeated. It declined to issue a refund because Mr X received the parking he paid for and the delays in leaving the car park did not increase the charge.
In his complaint to us Mr X said he wanted a refund and compensation. He said his evening out ended in stress and says it is unreasonable to leave people stranded without help.
I will not start an investigation because there is insufficient evidence of injustice. Mr X experienced problems paying for his parking and leaving the car park and he explained this caused some stress. I appreciate this was not a good way for his evening to end but the impact is not one that requires an investigation by us. In addition, a dispute over £4.40 does not represent a level of injustice that requires an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman