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

1. Mr Y complained the Council has failed to consider his representations, in particular his mitigating circumstances, against a Penalty Charge Notice (PCN) which he believes was caused by a problem with a parking payment app.
2. Mr Y says he has paid the penalty of £25 under protest.

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The Ombudsman’s role and powers

3. 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))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y parked in a car park owned by the Council. Using a parking app on his phone, he paid for parking, but selected the incorrect car park. As a result, the Council issued a PCN for Mr Y’s failure to pay for his parking. Mr Y made representations to the Council, explaining his circumstances and how they had led to the non-payment. The Council considered the mitigating circumstances but did not accept these as a reason to cancel the PCN.
7. While Mr Y may feel dissatisfied by this, the Council has considered the circumstances. As it has properly considered the issue, and explained its rationale, that it is the driver’s responsibility to select the correct location when parking, before rejecting the representations, there is not enough evidence of fault to justify investigating. We will not investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman