London Borough of Waltham Forest (24 000 007)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 10 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council seeking to recover an unpaid penalty charge notice as there is insufficient evidence that it is at fault and we cannot achieve the outcome the complainant seeks.
The complaint
- Miss X complained the Council continued to pursue payment for a penalty charge notice (PCN) which she says has been revoked. Miss X says this has caused her suffering and wants the PCN to be revoked and for the Council to stop pursuing her for this.
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 or we cannot achieve the outcome the complainant seeks (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X asked the Traffic Enforcement Centre (TEC) to consider her case against the enforcement of the PCN. While the TEC revoked orders for recovery and ordered charge certificates to be cancelled, the PCN was not revoked. This was explained in the TEC decisions and the Council’s complaint responses to Miss X. The Council is therefore entitled to pursue payment of the PCN and it is not fault for it to do so.
- We are not empowered to consider the circumstances leading to Miss X being issued with a PCN. We are not another level of appeal and cannot cancel the PCN.
- For these reasons, we will not investigate.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Miss X seeks.
Investigator's decision on behalf of the Ombudsman