Summary: We will not investigate this complaint about a parking penalty charge notice as there is insufficient evidence of fault causing an injustice to Mr X.

The complaint

1. Mr X complains he received a penalty charge notice (PCN) for a parking contravention when two other cars parked at the same location did not. Mr X believes he was discriminated against as a person of no fixed abode.

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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, or any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. If Mr X considers he did not commit the parking contravention, then it was open to him to follow the appeal process that was available to him to challenge the PCN. We are not another level of appeal and cannot assess whether a parking contravention took place or not.
8. I recognise that Mr X feels he was treated unfairly but this does not constitute evidence of potential fault by the Council that would justify our further involvement in this case. In addition, that another motorist may not have been issued with a PCN does not directly cause Mr X an injustice. The injustice to Mr X is the PCN issued to him, and as per paragraphs three and seven, the way to challenge this was via appeal.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because there is sufficient evidence of fault causing an injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman