London Borough of Havering (24 009 935)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 06 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a penalty charge notice. This is because the Council’s actions did not cause Mr X significant enough injustice to warrant further investigation.
The complaint
- The complainant, Mr X, complains the Council delayed in dealing with his request for further information about a penalty charge notice (PCN). He says the Council then escalated the case and added additional charges.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
- I understand Mr X is unhappy the Council did not respond to his request and that it increased the amount of the PCN, but Mr X accepts the contravention occurred. This means the least it would have cost to settle the PCN was £65. The Council’s escalation meant Mr X had to pay a further £140 but this amount is not significant enough to warrant further investigation.
Final decision
- We will not investigate this complaint. This is because the matter has not caused Mr X significant enough injustice to warrant further investigation.
Investigator's decision on behalf of the Ombudsman