Summary: We will not investigate this complaint about an appeal against a Penalty Charge Notice because the courts are better placed to consider the issue.

The complaint

1. Mr Y complained the Council issued a PCN to him and then agreed to withdraw the Penalty Charge Notice (PCN) just before the matter was considered by the Tribunal after the Council reviewed the case.
2. Mr Y says he spent 35 hours preparing his representations and appeal before the Tribunal, which he would not have needed to do if the PCN had not been issued incorrectly or if the review had formed this conclusion sooner and is seeking compensation for the time he spent on the matter.

Back to top

The Ombudsman’s role and powers

3. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information Dr Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. While the PCN has now been cancelled by the Council, Mr Y has sought compensation from the Council for the time he spent in preparing both the representations to it initially and then preparation of his appeal case to the London Tribunals. The Council has denied Mr Y’s claim for compensation.
6. Mr Y’s complaint suggests that had the Council acted earlier to cancel the PCN he would not have needed to spend the time preparing his case and he is seeking compensation for this.
7. Our role, where we find fault causing injustice, is to provide a remedy for the injustice caused, not compensation. It is not our role to award compensation, for example for loss of earnings. Under our process, we take the view that even where a PCN has been wrongly issued, the remedy provided for this issue, and any associated time taken up in appealing or making representations, is the cancellation of the PCN.
8. If Mr Y is seeking such compensation, then this would be a matter better dealt with by the courts who can award compensation. We are not able to decide liability or award damages or compensation. Consequently, any claim for damages, such as lost earnings for example, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

Back to top

Final decision

9. We will not investigate Dr Y’s complaint because the courts are better placed to consider the issue.

Back to top

Investigator's decision on behalf of the Ombudsman