Summary: We will not investigate this complaint about a Penalty Charge Notice. Miss X had the right to formally challenge it and appeal to the tribunal and it would be reasonable to expect her to have used that right. There is not enough evidence of fault in the Council’s actions to warrant further investigation.

The complaint

1. Miss X complains the Council was not fair to issue a Penalty Charge Notice (PCN) when she mistakenly purchased a parking ticket with the wrong vehicle registration. She paid the discounted rate and would like the payment to be returned.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
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 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

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

Back to top

My assessment

7. Miss X purchased a parking ticket with the wrong vehicle registration. The Council then issued a PCN. The evidence suggests the Council reached its decision to issue a PCN properly as Miss X accepts she entered the wrong car registration when buying a car park ticket, so an investigation would be unlikely to find fault on this point.
8. Miss X informally challenged the PCN, and the Council offered a discounted rate. The Council advised Miss X of her right to make a formal challenge then appeal to a tribunal, but she chose to pay the discounted rate. It would be reasonable to expect Miss X to have used her right to formally challenge, and then appeal to the tribunal if the formal challenge was rejected.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because it was reasonable for her to formally challenge her PCN and appeal to the tribunal. There is not enough evidence of fault in the Council’s actions to warrant further investigation.

Back to top

Investigator's decision on behalf of the Ombudsman