Summary: We will not investigate this complaint that the Council did not respond to Ms X's informal representations against a PCN. The case is now with London Tribunals, and it will decide what should happen next.

The complaint

1. Ms X complains the Council did not respond to representations she made after receiving a parking penalty charge notice (PCN). Ms X says this caused her stress. Ms X wants the officers involved in her case to be held to account.

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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 another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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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. The Traffic Enforcement Centre (TEC) is a central point for registering unpaid PCNs and for dealing with procedural challenges about PCN enforcement. It revoked the order for recovery and cancelled the charge certificate associated with Ms X’s PCN. The PCN however was not cancelled, and the Council has now referred the case to London Tribunals. Environment and Traffic Adjudicators at London Tribunals decide appeals relating to PCNs issued by London local authorities.
7. We will not investigate as London Tribunals will decide what should happen next in Ms X’s case and it is best place to do so.
8. I recognise that Ms X has outstanding concerns about certain officer involvement, but we cannot hold individual officers to account, as per paragraph three and so we will not investigate this aspect of the complaint separately.

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Final decision

9. We will not investigate Ms X’s complaint because the matter is now with London Tribunals, and it is best placed to decide what should happen next.

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Investigator's decision on behalf of the Ombudsman