Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because there is insufficient personal injustice to warrant us investigating further.

The complaint

1. Ms X complains the Council wrongly allocated her Penalty Charge Notice (PCN) payment to another account, resulting in the Council’s escalation of the case, which caused her distress.

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 cannot achieve the outcome someone wants.

3. (Local Government Act 1974, section 24A(6), as amended, section 34(B))The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X says the Council wrongly allocated her PCN payment. She also says it issued the PCN without clear signage and took enforcement action under a trial parking scheme.
9. The Council resolved the PCN payment by reallocating Ms X’s payment to the correct PCN. This meant the case was closed without further action. Any remaining injustice is not significant enough to warrant investigation.
10. If Ms X wanted to challenge the PCN, it would have been reasonable for her to use the appeals process. London Tribunals could have considered whether the contravention occurred and whether the Council’s signage was sufficient to warn of the restrictions.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient personal injustice to warrant us investigating further.

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Investigator's decision on behalf of the Ombudsman