Summary: We will not investigate Mr X’s complaint about the Council wrongly issuing him a Penalty Charge Notice which led to enforcement action. This is because we could not add to the Council's investigation.

The complaint

1. Mr X complained the Council incorrectly issued him a penalty charge notice (PCN) and took enforcement action following this. He said the matter caused him distress and inconvenience. He wants the Council to provide him with a financial remedy.

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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 we could not add to any previous investigation by the organisation. (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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X said the Council issued him a PCN in error. Following this, the Council’s enforcement agency removed his vehicle and took it to a compound. Mr X had to pay £360 to get his vehicle back on the same day. Mr X was able to challenge the appeal via Tribunal which resulted in it being cancelled.
6. Following this, Mr X complained to the Council. He said although the Council had accepted it had issued the PCN in error, it had delayed providing him with a refund of money he had paid by two and a half months.
7. In response to Mr X’s complaint, the Council:
• reiterated it had acted with fault by issuing Mr X a PCN;
• said it would address the matter with the relevant staff and its enforcement agency to prevent a recurrence of fault;
• apologised to Mr X for the distress and inconvenience the matter had caused him and offered him a remedial payment of £300; and
• said Mr X had requested a refund in late December 2025. The Council had processed the refund in early January 2026. However, the Council acknowledged that if it had not made an error in issuing Mr X a PCN, Mr X would not have experienced distress and inconvenience.
8. We will not investigate Mr X’s complaint. This is because the Council took appropriate action to remedy any injustice caused to Mr X. It accepted fault, provided him with an apology and offered him a symbolic payment which is in line with our Guidance on Remedies. The Council also explained it would take action to prevent a recurrence of faults. We could not add to the Council’s investigation.

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Final decision

9. We will not investigate Mr X’s complaint because we could not add to the Council's investigation.

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Investigator's decision on behalf of the Ombudsman