Summary: We will not investigate Mr X’s complaint about how the Council issued him with a Penalty Charge Notice and then lost his written challenge. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X says the Council issued a Penalty Charge Notice (PCN) in an area where there are no defined parking restrictions. When Mr X challenged the PCN in writing, he says this was received by the Council who then lost it.
2. Mr X says this caused him to feel he cannot trust the Council to be open and honest in any further communications.

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The Ombudsman’s role and powers

3. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said the area he parked in did not have defined parking restrictions. The Council initially rejected this challenge and stated it was satisfied the signage in the area was clear.
7. Mr X then challenged the Council’s decision in writing, and he said a staff member signed to acknowledge receipt.
8. The Council told Mr X it did not receive the letter and it has raised this with the postal service.
9. Mr X contacted the Council for a response. The Council took around 18 days to respond by which time it had issued a Charge Certificate.
10. The Council apologised for the delay in reviewing Mr X’s case and confirmed it cancelled the PCN under its discretionary powers. These are actions we would expect the Council to take and further investigation would not lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman