The Ombudsman's final decision
Summary: We will not investigate this complaint about parking. This is because any fault has not caused him an injustice.
The complaint
Mr Y complained the Council failed to issue a Penalty Charge Notice (PCN) to a driver who had parked on double yellow lines, which caused him frustration.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
In July 2022, Mr Y saw a car parked on double yellow lines. He says he asked a nearby parking enforcement officer for the Council to issue a PCN, but the officer refused. Mr Y complained to the Council the same day. The Council rejected the complaint and considered it as a request for a service. Mr Y then contacted us.
The officer’s decision not to issue a PCN has not caused him an injustice. Consequently, as referred to in paragraph two, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because any fault has not caused him an injustice.
Investigator's decision on behalf of the Ombudsman