London Borough of Ealing (20 005 048)
Category : Transport and highways > Parking and other penalties
Decision : Upheld
Decision date : 30 Oct 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about a penalty charge notice issued by the Council. The Council has cancelled the notice which I consider is a suitable way to resolve Mr X’s concerns.
The complaint
- The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. The Council has now cancelled the PCN, but Mr X believes it should have done this sooner. He says the matter has caused him anxiety, mental health issues, and many days lost in work productivity both directly and indirectly.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A (7), as amended)
(Local Government Act 1974, section 24A (6), as amended)
How I considered this complaint
- |I considered the information provided by Mr X.
What I found
- The Council issued Mr X a PCN for a moving traffic contravention in October 2018.
- There is a set procedure a council must follow when pursuing PCNs for moving traffic contraventions. When a council identifies a contravention, it will issue a PCN to the owner/registered keeper by post. This will confirm the amount of the fine and the motorist’s right of appeal, firstly to the council itself and then to a Tribunal.
- Mr X says he asked for a copy of the video footage of the incident but did not hear from the Council again until he received a charge certificate in the post in September 2020. He also says he has tried to resolve the issue but no one at the Council will respond to him.
- Mr X sent me a copy of a response he received from the Council in October 2020, after he complained to the Ombudsman. The Council says:
- 31/10/2018 PCN issued for a moving traffic violation
- 9/11/18 Mr X made formal representations against the PCN
- 12/3/20 the Council sent Mr X a Notice of Rejection
- 29/9/20 Charge Certificate sent
- The Council says the delay was caused by system error and not picked up until an audit. It has confirmed the matter has been cancelled because of the delay.
- Mr X says he still wants to pursue the matter because of the stress and anxiety it has caused him. However, the Ombudsman would not consider it a good use of our limited resources to begin an investigation purely to get an apology. There is no other outcome that he could reasonably seek as the Council has already cancelled the charge.
Final decision
- I will not investigate this complaint. I am satisfied with the Council’s decision to cancel the PCN.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman