Summary: We will not investigate this complaint about the Council’s complaint handling following the issue of a parking Penalty Charge Notice. It is not a good use of public funds to investigate complaint handling when we will not consider the substantive matter.

The complaint

1. Miss X complained about the Council’s conduct after she was issued with a parking Penalty Charge Notice (PCN) for failing to display a resident’s parking permit.

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The Ombudsman’s role and powers

2. 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.)

3. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

6. Miss X disputed the PCN the Council issued to her for parking without displaying a resident’s parking permit. But she chose to pay the penalty instead of using exercising her right to appeal to the Traffic Penalty Tribunal and has therefore accepted responsibility. If Miss X had wished to continue to dispute the penalty it would be reasonable to expect her to use her right of appeal to the Traffic Penalty Tribunal.
7. Miss X says she was unhappy with how she was dealt with when she contacted the Council. As we will not investigate the substantive matter it is not a good use of public funds to investigate how the Council dealt with Miss X’s complaint.
8. The Council has investigated Miss X’s complaint and has apologised to Miss X for the way an officer spoke to her, which is a suitable response.
9. Miss X has raised broader issues about her contacts with the Council about PCN matters, but her rights to challenge and then appeal against a PCN are clearly set out in law. The Council is not required to deal with other contacts about them outside those procedures.

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Final decision

10. We will not investigate this complaint. It is not a good use of public funds to investigate complaint handling when we will not consider the substantive matter, and we are satisfied with the Council’s actions in relation to customer care.

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Investigator's decision on behalf of the Ombudsman