The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking permit and a Penalty Charge Notice. This is because we are satisfied by the actions taken by the Council to remedy the complaint and it is unlikely we would find fault relating to the Penalty Charge Notice.
The complaint
Mr Y complained the Council had failed to refund him for the remaining time left of a parking permit after he sold his car. He also complained the Council wrongly issued a Penalty Charge Notice (PCN) on his vehicle.
Mr Y says he has been distressed and would like his money returned.
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 or continue with 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) We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (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
Mr Y says the Council issued a PCN to him in December 2021. He says he made informal representations to the Council, but these were not accepted so he paid the penalty.
Mr Y then sold his car and asked the Council for a refund of his parking permit in June 2022. He requested this on three further occasions and complained about the lack of response. He then contacted us in September as he had not received a response. We asked the Council to respond to Mr Y’s complaint.
The Council responded in September. It apologised, issued the refund for the remaining time left on the permit and offered to pay Mr Y £30 for the inconvenience caused. Mr Y has since accepted this as a remedy and the money has been paid by the Council.
Analysis When Mr Y paid the PCN instead of challenging its validity further in the London Tribunals, he accepted his liability for the PCN. As he accepted his liability, it is unlikely we would find fault in the issuing of the PCN, as Mr Y has, in making the payment, agreed that he has committed the contravention. Consequently, we will not investigate this complaint.
Mr Y has also complained about the Council’s failure to refund the remaining time left on his parking permit. However, the Council has now acted to remedy this, as described above. This is in line with our own guidance on remedies, and so we are satisfied with the actions the Council has taken, and Mr Y has accepted to remedy the injustice caused. Consequently, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because we are satisfied by the actions taken by the Council to remedy the complaint and it is unlikely we would find fault relating to the Penalty Charge Notice.
Investigator's decision on behalf of the Ombudsman