The Ombudsman's final decision
Summary: We will not investigate this complaint about a refund for parking charges because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, wants a £68 refund because he paid for parking while the Council was processing his permit application. Mr X says he has since found out that he did not need to pay while the permit was pending.
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 there is not enough evidence of fault to justify investigating. (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 our Assessment Code.
My assessment
Mr X applied for a parking permit in 2022. He paid £68 in parking charges while waiting for the Council to process the application. He subsequently found out that he was covered for parking while the permit was pending, and he asked the Council for a refund.
The Council declined to issue a refund. The Council referred to an email it sent to Mr X in 2022 acknowledging receipt of his permit application and saying, “in the interim period parking rights have been added to your registration to enable you to park in the controlled parking zone…pending a decision on your application”. The email provided contact details if Mr X had any queries. The Council said it would not make a refund because the email told Mr X he had parking rights.
Mr X disagrees with the response and says he was initially told he could have a refund. The Council has no record of this conversation.
I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the email told Mr X he had parking rights and, if he was unsure if this meant he could park for free pending receipt of the permit, he could have checked. In this context, there is no suggestion of fault in the Council’s decision to refuse his request for a refund. And, even Mr X was initially told he could have a refund, this does not mean the Council cannot revise its position after fully considering the request and evidence.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman