Summary: We will not investigate this complaint about a Penalty Charge Notice because the Authority has cancelled it.

The complaint

1. The complainant, whom I refer to as Ms X, says she could not challenge a Penalty Charge Notice (PCN) due to a problem with the post. Ms X wants the Authority to reconsider her challenge.

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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 we believe the complaint 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 information from the Authority saying it has cancelled the PCN. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

4. The Authority issued a PCN because Ms X’s car breached the weight limit when she drove through a tunnel. The PCN said Ms X had 28 days to pay or appeal. Ms X says a mix up with her post meant she could not appeal on time. Ms X tried to challenge the PCN after the Authority issued a Charge Certificate which had increased the fine to £195. The Authority said it was too late to appeal.
5. The Authority has since accepted grounds of mitigation from Ms X and cancelled the PCN. This means Ms X has nothing to pay and the case is closed.

Assessment

6. I will not start an investigation because the Authority has cancelled the PCN and no payment is required from Ms X.

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Final decision

7. I have decided not to start an investigation because the Authority has cancelled the PCN.

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Investigator's decision on behalf of the Ombudsman