Summary: The Ombudsman will not investigate Mr B’s complaint the Council incorrectly sent a Penalty Charge Notice to him. The matter is now resolved, and further consideration of the complaint would not achieve any more for Mr B. Mr B’s complaint about the handling of his personal data is a matter for the Information Commissioner’s Office (ICO).

The complaint

1. The complainant, whom I shall call Mr B, received a Penalty Charge Notice (PCN) through the post, for driving in a bus lane. The car in the photograph was not Mr B’s. Mr B wants the Council to pay him £3,700 for the distress and aggravation he says he has suffered.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered the information provided by Mr B and the complaint correspondence between Mr B and the Council.

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What I found

5. On 3 January 2020, Mr B contacted the Council because he had received a PCN through the post for driving in a bus lane. Mr B said the vehicle in the photograph was not his, as it had a different registration plate and was a different make and colour to his car. Mr B also complained the Council had breached data protection legislation.
6. The Council responded to Mr B’s enquiry and said the vehicle registration plate was the same as Mr B’s and suggested he contact the police in case his registration plates had been cloned. The Council explained it did not consider it had breached data protection legislation and it would redact all Mr B’s personal information from the case. This is the council’s process when a vehicle is cloned.
7. Mr B explained the issue was not that his registration plate had been cloned, but that the Council had incorrectly read it. He was concerned he would have to go to court and remained concerned about a breach of data protection legislation.
8. On 7 January 2020, the Council cancelled the PCN and wrote to Mr B to confirm this. The Council provided a final response to Mr B’s complaint three weeks later, explaining the photograph of the car was grainy and the registration looked like Mr B’s registration. But the Council confirmed it had cancelled the PCN.
9. While Mr B remains dissatisfied, the Ombudsman will not investigate this complaint. There was an error, but the Council resolved this promptly once Mr B brought it to the Council’s attention. The Council has cancelled the PCN and confirmed this to Mr B. Any upset caused by receiving the PCN was short lived and does not warrant the recommendation of any further remedy.
10. If Mr B considers the Council has breached data protection legislation, he can raise this matter with the ICO.

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Final decision

11. The Ombudsman will not investigate this complaint. The matter is now resolved, and further consideration of the complaint would not achieve any more for Mr B. Mr B’s complaint about the handling of his personal data is a matter for the Information Commissioner’s Office (ICO).

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman