Summary: We will not investigate this complaint about a Penalty Charge Notice. There is not enough evidence of fault, and the injustice is not significant enough to warrant further investigation. We could not add to any previous investigation and further investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Council wrongly issued a Penalty Charge Notice (PCN). He says the Council gave incorrect guidance, were dismissive and delayed the complaints process. Mr X says this caused undue distress.

Back to top

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 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, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X says the Council wrongly issued a PCN, causing undue distress. The Council later accidentally cancelled the PCN but chose not to reissue it. This error may have caused confusion for Mr X, but did not cause significant injustice.
6. He says the distress from receiving the PCN caused him to miss important appointments. The evidence shows the Council properly issued the PCN and considered his complaint. So, any distress caused by the PCN would have occurred even if the Council did not mistakenly cancel Mr X’s PCN. There is not enough evidence of fault in the Council’s actions to warrant further investigation.
7. We could not add to any previous investigation and the outcome would remain the same, as the PCN is already cancelled.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Councils actions. The injustice is not significant enough to warrant further investigation. We could not add to any previous investigation and further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman