Summary: We will not investigate this complaint that the Council breached a section 114 notice by serving an Order for Recovery and incurring a charge of £9. This is because we have no power to investigate part of the complaint because the complainant appealed to the tribunal and because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council breached a section 114 notice by paying £9 to the court for an Order for Recovery. Ms X wants a refund of the £114 she paid for a Penalty Charge Notice (PCN) and a declaration the Council will not take any further action.

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The Ombudsman’s role and powers

2. 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 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))
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. I also considered our Assessment Code.

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My assessment

6. A section 114 notice restricts what a council can spend on non-essential expenditure.
7. The Council issued Ms X with a PCN. Ms X appealed to the tribunal. The tribunal dismissed her appeal in December and directed her to pay the full fine.
8. Ms X did not pay so the Council issued further documents and registered the debt in court. There was a £9 court fee which was added to the PCN fine.
9. Ms X paid the PCN and court fee in April. The Council closed the case.
10. Ms X wants a refund. She says the Council breached the section 114 notice by spending £9 on court fees.
11. I cannot investigate the PCN or ask the Council to make a refund because Ms X appealed to the tribunal and the tribunal said she must pay the fine. The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal.
12. I also will not start an investigation because there is insufficient evidence of fault by the Council. A section 114 notice does not prevent a council from running services and Ms X, not the Council, incurred the charge; Ms X paid the £9 as part of the £114.

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Final decision

13. We will not investigate this complaint because there is insufficient evidence of fault by the Council and we cannot investigate any issue that has been appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman