Summary: We will not investigate this complaint about drivers receiving Penalty Charge Notices for making deliveries to the complainant’s shop. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Mr X, complains drivers making deliveries to his shop keep receiving Penalty Charge Notices (PCN) and, as a result, have stopped delivering to him. This is making it hard for Mr X to run his business. Mr X wants the Council to stop issuing PCNs and says drivers should be allowed to unload and load.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. Mr X complained to the Council that drivers need access to the front of his shop to make deliveries but they keep getting PCNs. He said drivers should not be fined for making deliveries.
5. The Council explained that loading/unloading is permitted between 6pm to 10am. It said deliveries must be made within these hours or a PCN may be issued. It said drivers who receive a PCN can appeal if they think it was issued incorrectly. The Council said it must apply the rules consistently and cannot treat his business differently.
6. Mr X says that delivery firms have received 200 PCNs even though they made their deliveries during the permitted hours. He says the firms are challenging the fines but he does not think they should have to do so because they delivering at the correct time.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by explaining the rules and appeal rights. We have no power to change the parking restrictions in Mr X’s road or tell the Council it must not apply the rules to drivers delivering to Mr X’s shop.
8. Mr X says the delivering firms are appealing and this is the correct course of action if they think the Council wrongly issued the fines. If a PCN was issued during permitted hours then that can be presented as part of the appeal by the registered keeper of the vehicle that was issued with the PCN. Mr X has not said he is responsible for any of the vehicles and he is not authorised to challenge the fines or act of behalf of the delivery companies. It is for delivery firms to decide if they wish to appeal.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council and we could not achieve the outcome Mr X would like.

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Investigator's decision on behalf of the Ombudsman