The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as it has been cancelled and we cannot add to this.
The complaint
Mr X complains he was wrongly issued with a penalty charge notice (PCN); that the Council failed to cancel it after he made representations and that he has been caused stress as this matter was ongoing for over a year.
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 further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
While I recognise Mr X spent time challenging the PCN and had ongoing concerns about what might happen about the PCN, including whether enforcement agents would become involved, I do not consider we should investigate. Mr X followed the procedure provided by Parliament to challenge the PCN, which we would have expected him to do. This does unfortunately take time and effort and no doubt can be stressful. However, this does not provide grounds for us to seek compensation from the Council and as the PCN has been cancelled, I do not consider our involvement would change the outcome of Mr X’s complaint. For this reason, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome he seeks or change the outcome of his complaint.
Investigator's decision on behalf of the Ombudsman