The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because there is not enough evidence of fault to justify investigating.
The complaint
Mr Y complained the Council pursued him for a Penalty Charge Notice (PCN) without responding to his representations against it. Mr Y says this caused him upset and worry.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y disputed the validity of the PCN the Council issued. He has now paid the penalty, despite his disagreement with it, instead of using his right to appeal it to the London Tribunals. If Mr Y felt the PCN should not have been issued, it is for him as the driver and recipient of the PCN to challenge this through the appeals system.
In deciding not to appeal and paying the penalty, Mr Y has legally accepted his liability for the penalty and the validity of the PCN itself. As he has accepted its validity, it is unlikely we would now find fault in the Council’s enforcement of the PCN. We will not investigate.
Final decision
We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman