Summary: The Ombudsman will not investigate this complaint about a Penalty Charge Notice because the Council has cancelled it.

The complaint

1. The complainant, whom I refer to as Mr X, complained the Council had not sent him a Notice of Rejection to allow him to appeal to the tribunal about a Penalty Charge Notice (PCN).

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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 an investigation if the problem has been resolved. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and found out the Council has cancelled the PCN. I considered comments from Mr X after I told him the Council had cancelled the PCN.

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What I found

What happened

4. Mr X complained the Council had not issued him with the correct information to allow him to appeal to the tribunal about a PCN. Mr X was keen to appeal to the tribunal because he had successfully won an appeal for the same alleged contravention earlier in the year. Mr X wanted the Council to cancel the PCN or allow him to appeal to the tribunal.

Assessment

5. I will not start an investigation because the Council has cancelled the PCN. I appreciate Mr X has some reservations about the way the Council has handled this matter but, as the Council has cancelled the PCN, there is no need to start an investigation.

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Final decision

6. I will not start an investigation because the Council has cancelled the PCN.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman