London Borough of Brent (24 010 364)
Category : Transport and highways > Parking and other penalties
Decision : Upheld
Decision date : 09 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice. I am satisfied with the action the Council proposes to take.
The complaint
- Mrs X complained the Council failed to respond to her appeal of a Penalty Charge Notice (PCN). She said the Council therefore increased the penalty from £130 to £195. Mrs X said the matter had caused her distress and affected her financial situation. She wanted the Council to respond to her appeal and reduce the PCN to the original £130.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X’s complaint relates to a PCN and the Council’s lack of response when she contacted it to appeal. She said had the Council responded giving reasons for refusing her appeal, she would have paid the PCN at the initial rate of £130.
- The Council told us it had identified an error which meant it had not considered Mrs X’s appeal. It has now written to her saying it proposes to refund her the £195 payment she made after she received the charge certificate.
- I am satisfied the Council’s proposed action is suitable as a way to put Mrs X back in the position she would have been but for fault. Rather than simply reducing the PCN to £130, the Council’s proposal also recognises Mrs X’s distress due to the matter. It is not proportionate for us to investigate the matter.
Final decision
- We will not investigate Mrs X’s complaint because I am satisfied with the action the Council has proposed to take.
Investigator's decision on behalf of the Ombudsman