Summary: We will not investigate this complaint about a parking penalty charge notice. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Ms X complained she was unable to appeal to the Tribunal against a parking penalty charge notice (PCN) the Council issued to her, as she says the Council’s response to her representations against it was lacking and did not provide her with a code to use to appeal.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council wrote to Ms X on 6 February 2024 rejecting the representations she had made against the PCN. The Council’s letter explained that Ms X could make further formal representations, and ultimately appeal to the Tribunal, after it had sent her a notice to owner.
7. This is the normal procedure and I have not seen evidence of fault by the Council or reasons to indicate that Ms X was prevented from appealing.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman