Manchester City Council (20 012 166)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 19 Mar 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a penalty charge notice as it has been cancelled by the Council. This was Mr X’s desired outcome.
The complaint
- Mr X complains the Council failed to properly issue him with a penalty charge notice (PCN) for a parking contravention. Mr X is concerned about possible enforcement action by the Council and wants the PCN to be cancelled.
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 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 could add to any previous investigation by the Council (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr X said in his complaint and sent him my draft decision on it for his comments.
What I found
- Mr X says the Council did not affix a PCN to his car for a parking contravention and first heard about the PCN when the Council contacted him by post to say the PCN had increased due to non-payment.
- Mr X says he has not had the opportunity to challenge the alleged contravention and is concerned about enforcement action by the Council. Mr X wants the Council to cancel the PCN.
- The Council confirms it has cancelled the PCN.
Analysis
- The Council has cancelled the PCN. This is the outcome Mr X sought and we cannot add to it. We will not therefore investigate.
Final decision
- My decision is we will not investigate this complaint. This is because the Council has cancelled the PCN which is the outcome Mr X sought.
Investigator's decision on behalf of the Ombudsman