Summary: We will not investigate this complaint about wrongly being issued with a fixed penalty notice for incorrect waste disposal. This is because the complainant can raise their defence in the magistrates court under the penalty notice enforcement procedure.

The complaint

1. Miss X disputes that she incorrectly disposed of her waste for which she received a fixed penalty charge notice (PCN).
2. She says she places her waste in her brown bin. So she would like the PCN to be cancelled.

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The Ombudsman’s role and powers

3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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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 has considered Miss X’s appeal as an informal appeal. It says it is satisfied the PCN was satisfied correctly. It has advised that she may raise her defence in the magistrates’ court as allowed for under the PCN enforcement procedure.

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Final decision

7. We will not investigate Miss X’s complaint because it is reasonable to expect her to raise her appeal in the magistrates court under the PCN enforcement procedure.

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Investigator's decision on behalf of the Ombudsman