Summary: We will not investigate this complaint that the Council refused to investigate a private company’s use of parking warnings as the complainant is not caused a level of injustice sufficient to warrant our further involvement.

The complaint

1. Mr X complained to the Council after he found a notice on his car, issued by a private company, which he said mimicked a Council penalty charge notice (PCN) and which threatened towing and police action. Mr X is unhappy that the Council has refused to investigate the misleading notice. Mr X says he was caused worry and has spent a lot of time researching this matter. Mr X says he now avoids parking in the area.

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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 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 any alleged fault has not caused significant injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. I recognise that Mr X is unhappy with the Council’s response, but I do not consider he is caused a level of injustice from this that would warrant our further involvement. We have limited resources and must direct them to the most serious cases; I do not consider this to be such a case.
6. I also recognise that Mr X has broader concerns about other motorists being intimidated. I have taken this into account in reaching my decision, but it would not be in the public interest for us to investigate.

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Final decision

7. We will not investigate Mr X’s complaint because he is not caused significant injustice from any alleged Council fault.

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Investigator's decision on behalf of the Ombudsman