The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because we are satisfied with the actions already taken by the Council.
The complaint
Mr Y complained the Council sent him a Penalty Charge Notice with an incorrect time listed compared to the CCTV evidence of the alleged contravention. Mr Y believes this is fraudulent and evidence tampering.
Mr Y says the issue has affected his mental health.
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)
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y complained to the Council about a Penalty Charge Notice (PCN) he had received which displayed the incorrect time for a contravention. The Council’s complaint response agreed that, due to a human error, the PCN time was incorrect. It agreed to cancel the PCN as a result. Mr Y however, feels that this is evidence that the Council is tampering with its evidence and should not have issued the PCN at all.
Our role, if we find fault, is to make recommendations to try to put the person in the position they would have been in had the fault not occurred. In this case, if the error had not occurred Mr Y would have received a PCN with the correct time listed in the documentation. As the Council has cancelled the PCN in response to the complaint, Mr Y is in either the same, or a potentially better position than if the error had not happened. Consequently, and as the remedy is in line with our guidance on remedies, we are satisfied with the steps the Council has already taken in response to the complaint. We will not investigate.
Final decision
We will not investigate Mr Y’s complaint because we are satisfied with the actions already taken by the Council.
Investigator's decision on behalf of the Ombudsman