Summary: We will not investigate this complaint about the Council’s response to his parking complaint. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of a significant injustice to justify our involvement.

The complaint

1. Mr X complains the Council has not answered his complaint properly when he sought information on the statutory appeals grounds that may apply when he was wrongly given a penalty charge notice (pcn) for being parked in an electric vehicle charging bay.
2. The Council has cancelled the pcn as it is satisfied Mr X was charging his vehicle.
3. Mr X says he wants to know the exact nature of the contravention if he needs to appeal in the future as the matter has caused him stress.

Back to top

The Ombudsman’s role and powers

4. 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:

• any injustice is not significant enough to justify our involvement, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Council has said it does not represent London Tribunals so would not want to speculate on any statutory appeal grounds that may have applied.
8. We will not investigate. Although Mr X was understandably distressed to receive a pcn the Council has cancelled the pcn and explained the reasons for its cancellation. It is not for the Council to tell Mr X what appeal ground to rely on in a future hypothetical situation as this is a matter for Mr X to determine at the time.

Back to top

Final decision

9. We will not investigate Mr X’s complaint. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of a significant enough injustice to justify our involvement.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman