Summary: We will not investigate this complaint about a parking penalty charge notice as there is insufficient remaining injustice caused to the complainant, and we cannot achieve the outcome he seeks.

The complaint

1. Mr X complains a traffic enforcement officer issued him with a parking penalty charge notice (PCN) despite him having advised the officer that he was unloading. Mr X says that while the PCN has been cancelled he would like action taken against the officer himself as Mr X considered he lied.

Back to top

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 any remaining injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I recognise that Mr X says he was put to some time and trouble and experienced anxiety after receiving the PCN, which may have been exacerbated due to him being dyslexic. However, now the PCN has been cancelled, I do not consider there is sufficient remaining injustice caused to him to justify our further involvement. We have limited resources and must direct them to the most serious of cases.
7. We cannot impose sanctions on individual staff members at the Council and so we cannot achieve the outcome Mr X seeks.
8. For these reasons, we will not investigate.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is insufficient remaining injustice caused to him, and we cannot achieve the outcome he would like.

Back to top

Investigator's decision on behalf of the Ombudsman