Summary: We will not investigate Mr X’s complaint about the Council issuing him a Fixed Penalty Notice without showing it had authority to do so at the location it was issued. This is because Mr X could have used his right to raise a defence against the issuing of the Notice in the magistrates court if he believes it was incorrectly issued.

The complaint

1. Mr X complains the Council issued him a Fixed Penalty Notice (FPN) without properly establishing it had authority to enforce at the location of the alleged offence. This has caused him ongoing uncertainty and frustration and he is concerned he was unfairly penalised as he paid the £250 FPN.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start an investigation if we think the issues could reasonably be, or have been, 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. Mr X says the Council issued him a FPN without the legal authority to do so. The location of the alleged offence was on privately owned land. He says the Council has not clearly explained its enforcement powers at the location.
7. Mr X paid the FPN, discharging his liability to prosecution, rather than using his right to raise a defence against its issue in the magistrates court.
8. We will not investigate Mr X’s complaint. This is because Mr X could have used his right to raise a defence against the FPN in court if he believed there was fault in its issue. That is the route via which to challenge the matter rather than via a complaint to this office having already paid the FPN. We are not an appeal body. We cannot decide whether there was fault in the issuing of the FPN. The issues raised here are matters the court could have considered and ruled on had Mr X used his right to defend the FPN rather than paying it, which closes the matter.

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Final decision

9. We will not investigate Mr X’s complaint because he could have used his right to raise a defence in court instead of paying the FPN. The court would then have decided the issues raised here.

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Investigator's decision on behalf of the Ombudsman