The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to make a parking permit refund. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council will not give a refund for part of a parking permit he has been unable to use because he moved out of the area. Mr X wants a partial refund and for the Council to change its policy.
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. This includes the complaint response. I also considered information on the Council’s website and our Assessment Code.
My assessment
The terms and conditions for parking permits say permits are non-refundable although they can be transferred for use in other car parks in the Council area.
Mr X bought a permit. He moved out of the Council area before the permit expired. He asked the Council to make a refund for the months he cannot use the permit.
The Council said it could not make any refunds because of the terms and conditions which say there are no refunds.
Mr X disagrees with the response and says the Council did not properly consider his complaint because it responded on the same day.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council’s decision to decline a refund reflects the policy so there is no suggestion of fault and nothing for us to investigation. The Council may have provided a swift response but there is nothing in the response to indicate fault.
I appreciate Mr X disagrees with the policy not to provide refunds, but we do not make council policy and cannot change it. Mr X could contact the Council if he thinks it should change the policy. However, given that Mr X has moved to a different area, it is unlikely he would benefit from any change in the rules.
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