Summary: We will not investigate this complaint about a Penalty Charge Notice. Mr X had the right to appeal to the tribunal and it is reasonable to expect him to have used that right. There is not enough evidence of fault on other points to warrant further investigation.

The complaint

1. Mr X complains the Council did not properly consider his complaint about his Penalty Charge Notice (PCN). He says the Council’s appeals process was unclear, not allowing him to submit a formal representation.

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The Ombudsman’s role and powers

2. 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)
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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mr X says he received a PCN and tried to submit a formal representation but was unable to do so. The Council advised him a formal representation can only be made once a Notice to Owner is served. A Notice to Owner would only be served if Mr X did not respond to the PCN or had an informal representation rejected.
   Mr X submitted his informal representation which the Council rejected. Mr X has now paid his fine. Mr X was made aware of the correct process and had the right to make a formal representation and then appeal to a tribunal. It is reasonable to expect him to have followed the process and use the right of appeal rather than paying the charge if he disagreed with it.
7. The Council’s stage one and two response shows it properly considered Mr X’s complaint and advised him of the correct statutory process. So, there is not enough evidence of fault in the Council’s actions to warrant further investigation.

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Final decision

8. We will not investigate Mr X’s complaint because he had the right to appeal to the tribunal and it is reasonable to expect him to have done so. There is not enough evidence of fault in the Council’s actions to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman