Royal Borough of Kingston upon Thames (24 002 076)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 19 May 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s Penalty Charge Notices. This is because the complaint is late.
The complaint
- Mr X complains the Council:
- Handled his Penalty Charge Notices poorly from 2021 and 2022;
- Communicated with him poorly; and
- Handled his complaint poorly.
- A ‘Penalty Charge Notice’ is a fine given to vehicle owners for breaking driving or parking rules.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council took enforcement action against Mr X for non-payment of two Penalty Charge Notices in 2021 and 2022. It is reasonable Mr X first knew about these matters more than 12 months before bringing his complaint to the Ombudsman. This complaint is late, and I consider there is no good reason to investigate now.
- It is not a good use of public resources to investigate complaints about poor communication or complaints procedures if we are not investigating the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because it is late and there is no good reason to investigate now.
Investigator's decision on behalf of the Ombudsman