Summary: We will not investigate this complaint about the Council’s response to representations against a penalty charge notice as there is insufficient evidence of fault to justify our further involvement.

The complaint

1. Ms X complained the Council did not properly consider her initial appeal against a parking penalty charge notice (PCN) it had issued to her. Ms X says this has caused her stress and the cost of the PCN will impact her financially.

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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 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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Ms X paid to park using an app but did not realise the payment had been registered for another vehicle and not the one she was driving at the time. Ms X explained this in her representations against the PCN the Council issued to her and that at the time she had been driving a rental car. Ms X is unhappy that the Council rejected her case and does not consider it properly considered it.
7. While the Council’s response letter may not set out the specifics of Ms X’s case, I consider that it does address the matter at the heart of it in that Ms X did not ensure the payment she was making was for the registration of the vehicle she was driving at the time. The Council explained that it is the responsibility of the motorist to ensure the registration details are correct before payment is confirmed. As such, the Council did not accept there were grounds to cancel the PCN. The Council is entitled to make such a decision and we cannot question it unless there is evidence of fault in the way it was made. I do not consider there is such evidence. For this reason, we will not investigate.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our further involvement.

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Investigator's decision on behalf of the Ombudsman