Summary: We will not investigate this complaint about a Penalty Charge Notice. There is insufficient evidence of fault.

The complaint

1. Mrs X complained the Council issued her a Penalty Charge Notice (PCN) for driving on the road where she lives, because of restrictions due to a school. She said she paid the penalty however this placed her in financial difficulty, and she wanted the Council to refund her as she considered it unfair she could not drive on her own road.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
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))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X received a PCN for driving on the road where she lives. She appealed this to the Council as she felt it unfair. The Council refused her appeal and explained she could appeal to a tribunal.
7. Where someone has a statutory right of appeal, we will not normally consider the matter. In this case, Mrs X’s appeal was based on mitigating circumstances rather than one of the statutory grounds for appeal. Therefore, she could not have appealed the matter to tribunal, and I have further considered whether we should investigate it.
8. There is insufficient evidence of fault in this case to investigate the matter further. The Council explained to Mrs X it had advised residents they needed to register their vehicles in order to be exempt from the restrictions. Mrs X has not indicated she disputes this. Mrs X had not registered her vehicle, so the Council had no reason to believe it was exempt. The Council therefore issued a PCN due to the restrictions. We would not have a basis to recommend the Council refunds the cost of the PCN to Mrs X.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault in the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman