The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about an Excess Charge Notice. This is because there is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council issued an Excess Charge Notice because he parked his van overhanging a parking space as his vehicle is larger than the space. He says the signage does not suggest vans are prohibited from parking in the car park. He says the Council did not offer to escalate his appeal.
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 or continue 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X parked his van overhanging the parking space. Mr X says this was because his van did not fit within the space. He says the signage was unclear. He appealed and the Council confirmed its original decision. Excess Charge Notices are considered criminal matters which can ultimately be defended in Court.
Signage within the car park says vehicles should park within a marked bay. Mr X admits his van did not fit in the parking space. Mr X has paid the charge. I do not consider there is enough evidence of to warrant an investigation by the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman