London Borough of Harrow (23 011 422)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 15 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice because there is not enough evidence of fault to justify investigating.
The complaint
- Mr Y complained the Council refused his reasons for driving into a restricted road and enforced a Penalty Charge Notice. Mr Y says this led to him having to pay the increased penalty of £130 which Mr Y feels is unfair.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y disputes the validity of the PCN the Council has issued. He has now paid the penalty, despite his disagreement with it, instead of using his right to appeal. If Mr Y felt the PCN should not have been issued, it is for him to challenge this.
- In deciding not to appeal and paying the penalty, Mr Y legally has accepted his liability for the penalty and the validity of the PCN itself. As he has accepted its validity, it is unlikely we would now find fault in the Council’s enforcement of the PCN. We will not investigate.
Final decision
- We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman