The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because the complaint is late with no good reason to exercise discretion to investigate it now.
The complaint
Mr Y complained the Council incorrectly issued a Penalty Charge Notice (PCN) when he was parked on private land. Mr Y is also unhappy that the Council will not now refund the penalty he paid for this.
Mr Y says he has spent time dealing with the issue and has had to contact his MP and has found the problem annoying.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mr Y in July 2021. Mr Y made informal representations to the Council at the end of July, saying the PCN was invalid as he had been parked just within the boundary of private land, and not on the road. He explained which the Council rejected.
Mr Y then complained to the Council at the start of August, saying that he did not think the PCN had been correctly issued as he had been parked on private land. He said he had contacted the Land Registry about this who had said the land was in the process of being registered.
The Council responded the following day, explaining that as the PCN has a statutory process to appeal, it would not consider the complaint under its complaint process. Mr Y then paid the penalty of £35 as he did not want to appeal further.
Mr Y then contacted his MP, who contacted the Council on Mr Y’s behalf. The Council provided the MP with a similar response, saying it would not consider the PCN under its complaint process as there was a statutory process for Mr Y to appeal the PCN had he wished to.
Mr Y then contacted us In August 2022.
Analysis The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
Mr Y was aware of his reason to complain about the Council’s actions when he made informal representations to the Council in July 2021 and when he complained at the start of August 2021, which is more than 12 months before he approached us. Consequently, his complaint is now late.
We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner, particularly as he has been able to contact others, such as his MP. Consequently, there is not a good reason for us to exercise discretion to investigate this late complaint.
Final decision
We will not investigate Mr Y’s complaint because the complaint is late with no good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman