Cherwell District Council criticised after woman's parking fine

The report said the council could not 'contract out responsibility' for its car parks

An authority has apologised for the way it treated a woman who was fined after she was unable to pay for parking because of a broken ticket machine.

The woman also tried to pay via a phone line but it would not take calls from withheld numbers.

Cherwell District Council said it had "apologised unreservedly".

But the Local Government and Social Care Ombudsman said it meant others may have been denied their rights to challenge tickets through the courts.

It said the woman, who tried to pay £40 online but was charged £80 by the council's contractor APCOA, was wrongly told by the council that it had no jurisdiction over the car park.

When she went back to APCOA, her complaint was rejected.

The Ombudsman found APCOA at fault for enforcing parking charges without giving customers reasonable means to pay, for charging too much, and for the way it dealt with her complaint.

'Frustration and distress'

Michael King, from the Ombudsman said: "Councils can contract out services, but they cannot contract out responsibility for those services. If we find fault with a council's contractor it is the council's responsibility to ensure things are put right.

"On balance, it appears APCOA was not complying with the law when it enforced the charge notice. This may have wide-reaching consequences for others using car parks in its area."

The council has since paid the woman £100 for "avoidable frustration and distress".

Its spokesman said: "She received a poor service from ourselves and APCOA and we fully acknowledge that.

"We have already acted on the points raised by the Ombudsman... to ensure that others receive the standards of customer service that we strive to provide.

"It should be stressed that Cherwell District Council has been operating within the appropriate legislation and all car parking tickets are enforceable."