London Borough of Ealing (22 004 022)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 29 Jun 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint that Miss X lost the opportunity to pay a penalty charge notice at the discounted rate as this was not caused by any Council fault.
The complaint
- Miss X complains notification about a penalty charge notice (PCN) was sent to her old address and as a result she missed the opportunity to pay the PCN at the discounted amount. Miss X paid the PCN but seeks a refund of half of the amount ie to be able to pay the discounted rate only.
The Ombudsman’s role and powers
- 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 continue an investigation if we decide any fault has not caused significant injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council obtains address details from a separate body, the Driver Vehicle and Licensing Authority (DVLA). The Council sent the notice about the PCN to Miss X’s old address as it says she had not updated her new address details with DVLA when she moved. This meant that Miss X did not become aware of the PCN until the period in which she could have paid the discounted amount had expired. I recognise Miss X is unhappy about this but this was not caused by Council fault and as such, there are not grounds for us to investigate.
Final decision
- We will not investigate Miss X’s complaint because the injustice she claims did not arise from any Council fault.
Investigator's decision on behalf of the Ombudsman