Thanet District Council (24 016 589)
Category : Transport and highways > Traffic management
Decision : Upheld
Decision date : 10 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a delay by the Council in releasing the complainant’s car from a car park. This is because the Council has agreed to refund the release fee.
The complaint
- The complainant, Mr X, says the Council gave inaccurate information about how long it would take for his car to be released from a car park. Mr X wants a refund.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
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 returned to a car park more than two hours after it had closed for the night. There are signs in the car park explaining the opening times.
- Mr X rang the Council and, after checking a few times, was told his car would be released 15 minutes after he paid the fee. Based on this information, Mr X decided to pay the fee.
- It took two attempts for the Council to reach the contractor. As a consequence, it was about 45 minutes from when Mr X paid the fee before the contractor released his car. Mr X says the delay meant he could not get a hotel room, or drive 250 miles home, so slept in his car. Mr X says he based his decision on whether to pay the fee, on the statement he was given that his car would be released after 15 minutes.
- I asked the Council to refund the release fee as a way of remedying this injustice. The Council agreed. The Council had already told Mr X it had raised the delay with the contractor.
- I will not start an investigation because the Council has agreed to refund the £55 release fee and has raised the delay with the contractor.
Final decision
- We will not investigate this complaint because the Council has agreed to provide a satisfactory remedy.
Investigator's decision on behalf of the Ombudsman