Summary: We will not investigate Mrs X’s complaint the Council delayed cancelling a wrongly issued penalty charge notice and communicated poorly with her. The Council has taken appropriate action to resolve the complaint and deal with the injustice. It has cancelled the penalty charge notice, apologised, and is dealing with the practice issues.

The complaint

1. Mrs X complains the Council wrongly issued a penalty charge notice, for parking on a dropped kerb, and delayed nearly two months in cancelling it. Mrs X complains the Council’s communication and complaint handling was poor and added further delay. The Council could have compromised her personal information and caused her to involve the Information Commissioner. Mrs X says although the Council has upheld her complaint and apologised it should pay compensation for her time, trouble, and distress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the Council, or
• we are satisfied with the action the Council has taken or proposes to take. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mrs X’s information and comments including the Council’s reply to her complaint dated 11 May.

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My assessment

4. I will not investigate Mrs X’s complaint because I am satisfied the Council has remedied the injustice and considered the practice issues. There is insufficient reason for the Council to pay compensation.
5. The Council issued the penalty charge notice (PCN) on 1 June 2020. The Council has:
1. Explained why the PCN was wrongly issued, cancelled it by letter dated 27 July 2020, and apologised for the delay.
2. Directed its enforcement contractor not to enforce the dropped footway at the location to prevent Mrs X having a repetition of the problem.
3. Identified training to prevent a recurrence.
4. Taken note and is acting on two recommendations by the Information Commissioner regarding delay in providing a subject access reply and a failure in its call back up system.
5. Sent Mrs X a detailed and appropriate complaint reply explaining what happened and the actions it has taken.

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Final decision

6. The Ombudsman will not investigate Mrs X’s complaint the Council delayed cancelling a wrongly issued penalty charge notice and communicated poorly with her. The Council has taken appropriate action to resolve the complaint and deal with the injustice. It has cancelled the penalty charge notice, apologised, and is dealing with the practice issues.

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Investigator's decision on behalf of the Ombudsman